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POLZO v. COUNTY OF ESSEX

A-74/75 September Term 2010 066910.

35 A.3d 653 (2012)

209 N.J. 51

Donald T. POLZO, as Executor for the Estate of Mathi Kahn-Polzo, and Donald T. Polzo, individually, Plaintiff-Respondent and Cross-Appellant, v. COUNTY OF ESSEX, Defendant-Appellant and Cross-Respondent, and Township of Millburn, State of New Jersey, and Public Service Electric and Gas, Defendants.

Supreme Court of New Jersey.

Decided January 18, 2012.

Attorney(s) appearing for the Case

Jeffrey B. Beacham argued the cause for appellant and cross-respondent (McGivney & Kluger, attorneys; Mr. Beacham and Michael R. Sarno, Florham Park, on the briefs).

E. Drew Britcher, Glen Rock, argued the cause for respondent and cross-appellant (Britcher, Leone & Roth, attorneys; Mr. Britcher and Jessica E. Choper on the briefs.).

Robert F. Renaud, Cranford, submitted a brief amicus curiae on behalf of New Jersey State League of Municipalities (Palumbo & Renaud, attorneys).

Justice ALBIN delivered the opinion of the Court.

We must determine whether a county can be held liable for a fatal accident that occurred when a person lost control of her bicycle while riding across a two-foot wide, one-and-one-half inch depression on the shoulder of a county roadway. Although potholes and depressions are a common sight on New Jersey's roads and highways, public-entity liability is restricted under the New Jersey Tort Claims Act (TCA), N.J.S...

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