Fielder v. Stonack

I concur in the Court’s disposition of this appeal to the extent that it holds that summary judgment was improperly granted and remands the matter to the Law Division. I write separately to advance a different basis for the police officer’s immunity under the New Jersey Tort Claims Act (the Act), N.J.S.A. 59:1-1 to 12-3, one that I believe better comports with the plain language of the Act.

I

The Court relies on N.J.S.A. 59:5-2b(2) to hold immune from civil liability a law-enforcement officer who strikes and injures a third party in the course of pursuit. That provision of the Act states that…