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SMITH v. FIREWORKS BY GIRONE, INC.

850 A.2d 456 (2004)

180 N.J. 199

Karen SMITH, Individually and as Guardian ad Litem for Brenden Wasniewski, a minor, Plaintiff-Appellant, v. FIREWORKS BY GIRONE, INC.; Deptford Parks & Recreation; Deptford Fun Day Committee; Lexington Insurance Company; William Dukes and Company; Western Risk Specialists, Inc.; ISU Insurance Service of San Francisco; Ellen Quine; John Doe # 1-10 (fictitious name of individuals, sole proprietorships, partnerships and/or corporations who owned, occupied, maintained, inspected, repaired and/or controlled the area known as Fasola Park); John Doe # 11-50 (fictitious name of individuals employed by Fireworks by Girone, Inc., Township of Deptford, Deptford Parks & Recreation, Deptford Fun Day Committee, John Doe # 1-10 and/or ABC Corporation # 1-5); and ABC Corporation # 1-5 (fictitious name of individuals, sole proprietorships, partnerships and/or corporations in charge of setup, performance and/or clean-up of "pyro theatrical" fireworks); i/j/s/a, Defendants, and Township of Deptford, Defendant-Respondent.

Supreme Court of New Jersey.

Decided June 23, 2004.

Attorney(s) appearing for the Case

Louis J. DeVoto, Cherry Hill, argued the cause for appellant (Ferrara, Rossetti & DeVoto and Norris, McLaughlin & Marcus, attorneys).

Robert A. Hicken, Mount Laurel, argued the cause for respondent (Capehart & Scatchard, attorneys; Patricia L. Dee on the brief).

Justice LONG delivered the opinion of the Court.

On this appeal we are asked to interpret the language of the New Jersey Tort Claims Act (TCA) that requires, as a prerequisite to public entity liability, that the public property must be in a "dangerous condition at the time of the injury." N.J.S.A. 59:4-2. Here, the ten-year-old plaintiff suffered severe damage to his left hand after successfully igniting a firework...

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