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LOPEZ v. CITY OF ELIZABETH

245 N.J. Super. 153 (1991)

584 A.2d 825

MARIA LOPEZ, PLAINTIFF-RESPONDENT, v. THE CITY OF ELIZABETH, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 7, 1991.

Attorney(s) appearing for the Case

Leonard C. Leicht argued the cause for appellant (Morgan, Melhuish, Monaghan, Arvidson, Abrutyn & Lisowski, attorneys, Elliott Abrutyn of counsel and Leonard C. Leicht on the brief).

Robert A. Scirocco argued the cause for respondent (Einhorn, Harris, Ascher & Barbarito, attorneys, Robert A. Scirocco on the brief).

Before Judges LONG, R.S. COHEN and STERN.

The opinion of the court was delivered by R.S. COHEN, J.A.D.

Plaintiff Maria Lopez was walking across the street in Elizabeth. As she approached the opposite curb, she fell and broke her arm as a consequence of stepping into a "pothole." She sued the City of Elizabeth. A trial witness for plaintiff said the pavement in the area was in poor condition for at least three years. The City's only trial witness, the Senior Public Works Inspector, had no idea how long the...

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