Weiss v. New Jersey Transit

The opinion of the Court was delivered by

*379O’HERN, J.

Once again we are required to resolve the proper relationship between the liability and immunity provisions of the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to :12-3. The facts of this case are set forth in the reported decision of the Appellate Division. 245 NJ.Super. 265, 584 A2d 1359 (1991). We recite only those essential to our decision.

But eleven days before the traffic light at a notoriously dangerous railroad crossing became operational, plaintiffs decedent lost her life when a train struck her car as it crossed the tracks. Her…