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DAVENPORT v. BOROUGH OF CLOSTER

294 N.J. Super. 635 (1996)

684 A.2d 100

THOMAS DAVENPORT, PLAINTIFF-APPELLANT, v. BOROUGH OF CLOSTER, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 8, 1996.

Attorney(s) appearing for the Case

Stephen E. Milazzo argued the cause for appellant.

Thomas B. Hanrahan argued the cause for respondent (Harwood Lloyd, attorney; Mr. Hanrahan, of counsel, and on the brief).

Before Judges SHEBELL, PAUL G. LEVY and BRAITHWAITE.

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

Plaintiff, Thomas Davenport, appeals from a summary judgment dismissing his complaint. The complaint against defendant, Borough of Closter, alleged that as a result of its negligence, plaintiff fell on Borough property and sustained serious injuries. Therefore, this appeal deals with the Tort Claims Act (TCA or Act), N.J.S.A. 59:1-1 to 12-3. Under the Act, immunity is the norm, unless liability is...

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