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AEBI v. MONMOUTH COUNTY HIGHWAY DEPT.

148 N.J. Super. 430 (1977)

372 A.2d 1130

JACK E. AEBI AND ELIZABETH AEBI, HIS WIFE, PLAINTIFFS-APPELLANTS, v. MONMOUTH COUNTY HIGHWAY DEPARTMENT, DEFENDANT-RESPONDENT, AND TOWNSHIP OF HOWELL, DEFENDANT.

Superior Court of New Jersey, Appellate Division.

Decided March 24, 1977.

Attorney(s) appearing for the Case

Mr. Timothy P. Neumann argued the cause for appellants (Messrs. Bathgate & Wegener, attorneys).

Mr. Dana C. Argeris argued the cause for respondent Monmouth County Highway Department (Messrs. Carton, Nary, Witt & Arvanitis, attorneys; Mr. Harold K. Shulman on the brief).

Mr. Donald J. Grasso argued the cause for Township of Howell (Mr. Paul X. McMenaman, attorney).

Before Judges BISCHOFF, MORGAN and KING.

PER CURIAM.

This appeal concerns the applicability of N.J.S.A. 59:4-5, a provision of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., which reads as follows:

Neither a public entity nor a public employee is liable under this chapter for an injury caused by the failure to provide ordinary traffic signals, signs, markings or other devices.

The underlying facts of the accident which triggers this inquiry, accepted as true...

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