Ogborne v. Mercer Cemetery Corp.

Justice WALLACE, JR.

delivered the opinion of the Court.

In this appeal, we must decide whether, under the Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, the conduct of a public entity and its employee should be governed by the general rule of vicarious liability set forth in N.J.S.A. 59:2-2, or under public entity liability with regard to the dangerous condition of public property set forth in N.J.S.A. 59:4-2. Plaintiff was trapped inside the Mercer Cemetery Park (Park) after an unidentified City employee locked the gates several hours before the Park was scheduled to close. Finding no other…