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GARRISON v. TOWNSHIP OF MIDDLETOWN

154 N.J. 282 (1998)

712 A.2d 1101

DENNIS GARRISON, PLAINTIFF-RESPONDENT, v. TOWNSHIP OF MIDDLETOWN, DEFENDANT-APPELLANT, NEW JERSEY TRANSIT, DEFENDANT.

The Supreme Court of New Jersey.

Decided July 7, 1998.

Attorney(s) appearing for the Case

Bernard M. Reilly argued the cause for appellant (Dowd & Reilly, attorneys).

Steven L. Kessel argued the cause for respondent (Drazin and Warshaw, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

The New Jersey Tort Claims Act (Act), N.J.S.A. 59:4-1a, defines a "dangerous condition" on the property of a public entity as "a condition of property that creates a substantial risk of injury when such property is used with due care in a manner in which it is reasonably foreseeable that it will be used." This appeal questions the extent to which the reasonableness of a claimant's use of property is relevant...

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