Coyne v. State, Department of Transportation

This appeal raises the serial issues whether the discretionary immunity provisions of the Tort Claims Act, N.J.S.A. 59:2-3a, bar the underlying negligence claim pressed by plaintiff Edward Coyne against defendants the New Jersey Department of Transportation (DOT) and Vincent McDaniel, one of its employees, and, if not, whether defendants’ actions were “palpably unreasonable.” N.J.S.A 59:2-3d. We hold that, on the record developed below on defendants’ motion for summary judgment, DOT’s and McDaniel’s actions were not immune. We are unable, however, to determine on that record whether DOT’s and…