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OGBORNE v. MERCER CEMETERY CORP.

No. A-66/67 September Term 2007.

963 A.2d 828 (2009)

197 N.J. 448

Suzanne K. OGBORNE, Plaintiff-Appellant and Cross-Respondent, v. MERCER CEMETERY CORPORATION and John Does 1-10 (persons responsible for the ownership, maintenance and control of said premises where plaintiff fell and sustained injuries), Defendants, and City of Trenton, Defendant-Respondent and Cross-Appellant.

Supreme Court of New Jersey.

Decided January 29, 2009.

Attorney(s) appearing for the Case

Ronald B. Grayzel, Edison, argued the cause for appellant and cross-respondent (Levinson Axelrod, attorneys).

Ruby Denise Lyles, City Attorney, argued the cause for respondent and cross-appellant (Ms. Lyles, attorney; Peter J. Cohen, Assistant City Attorney, on the briefs).

Justice WALLACE, JR. delivered the opinion of the Court.

In this appeal, we must decide whether, under the Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, the conduct of a public entity and its employee should be governed by the general rule of vicarious liability set forth in N.J.S.A. 59:2-2, or under public entity liability with regard to the dangerous condition of public property set forth in N.J.S.A. 59:4-2. Plaintiff was trapped inside the...

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