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KOLITCH v. LINDEDAHL

100 N.J. 485 (1985)

497 A.2d 183

STEPHEN KOLITCH, ADMINISTRATOR AD PROSEQUENDUM OF THE ESTATE OF ALAN KOLITCH, A MINOR, DECEASED, PLAINTIFF-RESPONDENT, v. STEFAN R. LINDEDAHL, ESTATE OF MARILYN BRADLEY AND JOHN A. BRADLEY, DEFENDANTS, AND STATE OF NEW JERSEY, DEFENDANT-APPELLANT. JOHN A. BRADLEY, AS ADMINISTRATOR AD PROSEQUENDUM FOR THE HEIRS-AT-LAW OF PHILIP M. BRADLEY, DECEASED, DAVID M. BRADLEY, DECEASED, AND MARILYN B. BRADLEY, DECEASED; AS ADMINISTRATOR OF THE ESTATES OF PHILIP M. BRADLEY, DECEASED, DAVID A. BRADLEY, DECEASED, AND MARILYN B. BRADLEY, DECEASED; AND INDIVIDUALLY, PLAINTIFF-RESPONDENT, v. STEFAN R. LINDEDAHL, DEFENDANT, AND STATE OF NEW JERSEY, DEPARTMENT OF TRANSPORATION, DEFENDANT-APPELLANT.

The Supreme Court of New Jersey.

Decided July 22, 1985.

Attorney(s) appearing for the Case

Benjamin Clarke, Deputy Attorney-General, argued the cause for defendant-appellant (Irwin I. Kimmelman, Attorney-General of New Jersey, attorney; James J. Ciancia, Assistant Attorney-General, of counsel).

Murry D. Brochin, argued the cause for plaintiff-respondent Bradley (Lowenstein, Sandler, Brochin, Kohl, Fisher, Boylan & Meanor, attorneys).

Douglas T. Hague, argued the cause for plaintiff-respondent Kolitch (Wilentz, Goldman & Spitzer, attorneys).

The opinion of the Court was delivered by CLIFFORD, J.

These consolidated actions seek recovery on account of the wrongful deaths of plaintiffs' decedents, resulting from an automobile accident. The collision occurred on a State highway. The issue is whether the State is liable under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 12-3 (the Act). The trial court gave summary judgment in favor of the State, and the Appellate Division reversed. Kolitch...

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