Longfellow v. City of Newark

The issue we face in the appeal sub judice is whether the city is subject to dismissal as a party on the basis of sovereign immunity. We hold that the city was erroneously dismissed as a party.

This court abolished the doctrine of sovereign immunity for municipal corporations in Haverlack v. Portage Homes, supra. As we stated in Haverlack, supra, at 30:

“A municipal corporation, unless immune by statute, is liable for its negligence in the performance or nonperformance of its acts.”

We subsequently extended and refined the abolition of sovereign immunity for municipal corporations in Enghauser…