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DANOW v. PENN CENTRAL TRANSPORTATION CO.

153 N.J. Super. 597 (1977)

380 A.2d 1137

RUTH DANOW, ADMINISTRATRIX AND ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF ROBERT DANOW, DECEASED, PLAINTIFFS, v. PENN CENTRAL TRANSPORTATION COMPANY AND ITS TRUSTEES, RICHARD C. SINANSKY, QUIGLEY COMPANY, COUNTY OF MIDDLESEX, STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORTATION AND THE PUBLIC UTILITIES COMMISSION, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided October 24, 1977.

Attorney(s) appearing for the Case

Messrs. Heilbrunn, Finkelstein, Heilbrunn, Garruto and Galex, attorneys for plaintiffs (Mr. Robert E. Goldstein on the brief).

Messrs. Strong & Gavarny, attorneys for defendant Penn Central Transportation.

Mr. Philip M. Lustbader, attorney for defendant Richard C. Sinansky.

Mr. Robert G. Hampson, attorney for defendant Quigley Company.

Mr. Richard A. Amdur, attorney for defendant County of Middlesex.

Mr. William F. Hyland, Attorney General of New Jersey, attorney for defendants State of New Jersey Department of Transportation and Public Utilities Commission (Mr. George W. Fisher, Deputy Attorney General, on the brief).

FURMAN, J.S.C.

The scope of state liability under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., is at issue on the state's motion for summary judgment, R. 4:67-5, in a tort action arising out of a railroad grade crossing accident in the early morning hours of September 26, 1975.

Plaintiff's decedent was a passenger in a motor vehicle traveling westbound on Bordentown Avenue, a Middlesex County road, which was struck by a Penn...

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