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PICO v. STATE

223 N.J. Super. 446 (1988)

538 A.2d 1299

LORETTA A. PICO, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY AND TOWNSHIP OF WAYNE, DEFENDANTS-RESPONDENTS, AND COUNTY OF PASSAIC AND ERIC A. WALLER, DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 10, 1988.

Attorney(s) appearing for the Case

Michael S. Kopelman argued the cause for appellant.

Scott E. Rekant, Deputy Attorney General, argued the cause for respondent State of New Jersey (W. Cary Edwards, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Michael L. Grabler argued the cause for respondent Township of Wayne (Lee Graham Karosen, attorney).

Before Judges FURMAN, LONG and SCALERA.

The opinion of the court was delivered by FURMAN, P.J.A.D.

In granting summary judgment for defendants State of New Jersey and Township of Wayne, the trial court invoked the bar of weather immunity under the Tort Claims Act, N.J.S.A. 59:4-7:

Neither a public entity nor a public employee is liable for an injury caused solely by the effect on the use of streets and highways of weather conditions.

Plaintiff's claim against defendant Waller was...

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