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LEVIN v. COUNTY OF SALEM

133 N.J. 35 (1993)

626 A.2d 1091

RICHARD AND DARLENE LEVIN, HUSBAND AND WIFE; AND DARLENE LEVIN, AS GUARDIAN AD LITEM FOR HER MINOR CHILDREN, LOUIS LEVIN AND JULIA LEVIN, PLAINTIFFS-APPELLANTS, v. COUNTY OF SALEM, COUNTY OF CUMBERLAND AND CITY OF VINELAND, DEFENDANTS-RESPONDENTS, AND TOWNSHIP OF PITTSGROVE, DEFENDANT.

The Supreme Court of New Jersey.

Decided July 15, 1993.

Attorney(s) appearing for the Case

William G. Wright argued the cause for appellants (Farr, Lyons, Burke, Gambacorta & Wright, attorneys).

Gerard W. Quinn argued the cause for respondent County of Salem (Cooper, Perskie, April, Niedelman, Wagenheim & Levenson, attorneys; Louis Niedelman, of counsel).

David J. Eddowes argued the cause for respondent County of Cumberland (Davidow, Sherman, Eddowes & Geiger, attorneys).

L. Patricia Sampoli argued the cause for respondent City of Vineland (Horn, Goldberg, Gorny, Daniels, Paarz, Plackter & Weiss, attorneys).

Jerry Fischer, Senior Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Robert J. Del Tufo, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel).

The opinion of the Court was delivered by O'HERN, J.

The question in this case is whether the unauthorized use of public property for private recreational activities thereby puts the property "in dangerous condition" under N.J.S.A. 59:4-2 of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to :12-3 (the Act or the New Jersey Act), when the recreational activities themselves are risky and pose danger to the participants. In this case a man dove from a...

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