Vincitore v. New Jersey Sports & Exposition Authority

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 After a verdict in favor of plaintiff, the Appellate Division reversed in an unpublished opinion, concluding that the crossing was not a “dangerous condition.”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.

I

The decedent, Michael Vincitore, was a former police officer who began training horses full-time after he retired from the Jersey City Police Department in…