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SEALS v. COUNTY OF MORRIS

A-84/85 September Term 2010, 067441

42 A.3d 157 (2012)

210 N.J. 157

John SEALS and Julia Seals, his spouse, Plaintiff-Appellants and Cross-Respondents, v. COUNTY OF MORRIS, Defendant-Appellant and Cross-Respondent, and Township of Washington, State of New Jersey, Ray Drake, Jack Lanzaro, Officer Leonardi, Verizon, AT & T, Cingular, Bell System, Bell Telephone, and Sprint, Defendants, and Jersey Central Power & Light and First Energy Corporation, Defendants-Respondents. John Seals and Julia Seals, his spouse, Plaintiffs-Appellants and Cross-Respondents, v. County of Morris, Defendant-Appellant and Cross-Respondent, and Township of Washington, State of New Jersey, Ray Drake, Jack Lanzaro, Officer Leonardi, Verizon, AT & T, Cingular, Bell System, Bell Telephone, and Sprint, Defendants, and Jersey Central Power & Light and First Energy Corporation, Defendants-Respondents.

Supreme Court of New Jersey.

Decided May 14, 2012.

Attorney(s) appearing for the Case

William L. Gold, West Orange, argued the cause for appellants and cross-respondents John Seals and Julia Seals (Bendit Weinstock, attorneys; Gerald M. Compeau, Jr., Morristown, of counsel).

Edward J. Buzak, Special Counsel, argued the cause for appellant and cross-respondent County of Morris (Mr. Buzak, Daniel W. O'Mullan, Morris County Counsel, Robert B. Woodruff, attorneys; Mr. Woodruff, of counsel; Mr. Woodruff, Gary C. Algeier and Kathryn J. Kingree, Morristown, on the briefs).

Ronald A. Berutti argued the cause for respondents (Weiner Lesniak, attorneys; Mr. Berutti and Arnold R. Gerst, Parsippany, of counsel).

James B. Ventantonio, Warren, submitted a brief on behalf of amicus curiae Verizon New Jersey Inc. (Ventantonio & Wildenhain, attorneys).

Matthew Weng submitted a brief on behalf of amicus curiae New Jersey State League of Municipalities.

Justice ALBIN delivered the opinion of the Court.

Plaintiff John Seals crashed into an electric utility pole owned by defendant Jersey Central Power & Light (JCP & L) and First Energy Corporation.1 The pole was located on private property a few feet off a road maintained by defendant Morris County in Washington Township. Plaintiff claims that JCP & L is liable for negligently placing the pole in a dangerous location where it...

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