Pico v. State

The opinion of the Court was delivered by

POLLOCK, J.

The narrow issue on this appeal is whether defendant State of New Jersey (the State) is immune from liability to plaintiff, Loretta A. Pico (Pico or plaintiff), under the weather-immunity section of the New Jersey Tort Claims Act, N.J.S.A. 59:4-7, for failing to treat icy conditions on a state highway. The Law Division found that the weather immunity applied, and granted summary judgment for the State. Although the Appellate Division agreed that the weather immunity barred liability under N.J.S.A. 59:4-2 for a dangerous condition of State…