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CIAMBRONE v. STATE DEPT. OF TRANSP.

233 N.J. Super. 101 (1989)

558 A.2d 47

CYNTHIA CIAMBRONE, GENERAL ADMINISTRATRIX OF THE ESTATE OF GLORIA HICKMAN, AND CYNTHIA CIAMBRONE, ADMINISTRATRIX AD PROSEQUENDUM OF THE ESTATE OF GLORIA HICKMAN, PLAINTIFF-APPELLANT, v. STATE OF NEW JERSEY DEPARTMENT OF TRANSPORTATION, DEFENDANT-RESPONDENT, AND RICHARD A. WRIGHT, III, ET AL., DEFENDANTS.

Superior Court of New Jersey, Appellate Division.

Decided May 11, 1989.

Attorney(s) appearing for the Case

Robert W. Ruggieri argued the cause on behalf of appellant (Cassidy, Foss & San Filippo, attorneys; Harold J. Cassidy and Robert W. Ruggieri, on the brief).

Madeleine W. Mansier, Deputy Attorney General, argued the cause on behalf of respondent (Peter N. Perretti, Jr., Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel; Madeleine W. Mansier, on the brief).

Before Judges LONG, MUIR, JR. and KEEFE.

The opinion of the court was delivered by MUIR, Jr., J.A.D.

This appeal requires us to determine whether the New Jersey Department of Transportation (DOT) is immune from liability under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., with respect to the setting and timing of a traffic light as part of the original improvement of an intersection within the meaning of the plan or design immunity provisions of N.J.S.A. 59:4-6. We conclude...

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