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NORRIS v. BOROUGH OF LEONIA

734 A.2d 762 (1999)

160 N.J. 427

Angela NORRIS and George Norris, Plaintiffs-Respondents, v. BOROUGH OF LEONIA, Defendant-Appellant, and John Doe (said name being fictitious and unknown), John Roe (said name being fictitious and unknown), Roe Doe (said name being fictitious and unknown), Defendants.

Supreme Court of New Jersey.

Decided July 26, 1999.

Attorney(s) appearing for the Case

John J. Robertelli, Oradell, for defendant-appellant (Hanrahan & Robertelli, attorneys; Mr. Robertelli and Christine M. Vanek, on the briefs).

Lewis P. Sengstacke, Bloomfield, for plaintiffs-respondents (Davis, Saperstein & Salomon, attorneys).

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

This matter arises from injuries sustained by a pedestrian when a curb gave way as she stepped onto it, causing her to fall to the ground. The issue in this appeal is whether a municipality may be held liable for the negligent maintenance of the curb. In addressing that issue, we must consider whether the common law immunity historically accorded municipalities for sidewalk wear and tear absolves a public entity...

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