Garrison v. Township of Middletown

I join in the Court’s judgment reversing the judgment of the Appellate Division. The Court’s analysis and rationale, however, are flawed and will generate confusion and imprecision in the conduct of Tort Claims Act (Act) litigation.

Misreading the statute, the Court holds that for purposes of public entity liability under the Act a condition of public property is not “dangerous” unless the specific plaintiff that brought the litigation satisfies the “threshold requirement” that he or she used due care when encountering the property. Ante at 293-94, 712 A.2d at 1107. Thus, under the Court’s…