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PRIMO v. CITY OF BRIDGETON

162 N.J. Super. 394 (1978)

392 A.2d 1252

PAULINE E. PRIMO AND ARNOLD PRIMO, PLAINTIFFS, v. CITY OF BRIDGETON, BRIDGETON RECREATION COMMISSION AND PUBLIC PARK COMMISSION OF THE CITY OF BRIDGETON, DEFENDANTS.

Superior Court of New Jersey, Law Division.

Decided September 21, 1978.

Attorney(s) appearing for the Case

Mr. Rocco William LoPiano for plaintiffs.

Mr. Charles Gabage for defendants (Messrs. Shapiro, Eisenstat, Capizola, O'Neill & Gabage, attorneys).

MILLER, J.C.C. (temporarily assigned).

This motion for summary judgment requires the court to construe for the first time N.J.S.A. 5:3-30, a statute originally enacted in 1906 providing tort immunity for persons maintaining or operating a public playground for "philanthropic purposes." The Landowners Liability Act, N.J.S.A. 2A:42A-2 et seq., is likewise involved.

Plaintiff allegedly sustained personal injuries while using a slide in a...

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