Smid v. New Jersey Highway Authority

The opinion of the court was delivered by

STERN, J.A.D.

After the Law Division granted summary judgment on May 7, 1991 dismissing plaintiffs’ complaint as a result of immunity under the Tort Claims Act, we affirmed and the Supreme Court denied certification. Plaintiffs unsuccessfully relied upon Bligen v. Jersey City Housing Auth., 249 N.J.Super. 440, 592 A.2d 623 (App.Div.1991), and argued that no immunity applied. In their petition for *308certification, plaintiffs further argued that our disposition in this case was in conflict with this court’s opinion in Bligen, then pending appeal in the…