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VINCITORE v. SPORTS & EXPO. AUTH.

777 A.2d 9 (2001)

169 N.J. 119

Geraldine VINCITORE, Administratrix Ad Prosequendum of the Estate of Michael VINCITORE and Geraldine Vincitore, Individually, Plaintiff-Appellant, v. NEW JERSEY SPORTS AND EXPOSITION AUTHORITY, Defendant-Respondent, and New Jersey Transit, Robert Stocker, John Doe, Richard Roe, ABC Corporation, and DEF Corporation, said names being fictitious, Defendants.

Supreme Court of New Jersey.

Decided July 19, 2001.

Attorney(s) appearing for the Case

John M. Peduto, Asbury Park, argued the cause, for appellant.

John S. Fitzpatrick, New Providence, argued the cause, for respondent (Fitzpatrick, Reilly, Supple & Gaul, attorneys).

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

This appeal requires us to decide whether an unguarded railroad crossing through Monmouth Park Race Track was a "dangerous condition" under the New Jersey Tort Claims Act (Act). N.J.S.A. 59:4-2. After a verdict in favor of plaintiff, the Appellate Division reversed in an unpublished opinion, concluding that the crossing was not a "dangerous condition." We disagree, and therefore reverse.

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