Nicole M. Grzeskowiak prevailed on a Motion for Summary Judgment on behalf of a local municipality in Monmouth County Superior Court.  The plaintiff, who was visiting a municipal boardwalk, claimed that she fell off the boardwalk, struck her face, and sustained severe and permanent injuries.  The plaintiff alleged that the municipality was liable for creating a dangerous condition of public property for failing to place railings along the boardwalk in the area where she fell.  Ms. Grzeskowiak asserted that the municipality could not be held liable for the plaintiff’s claims pursuant to the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq., because the boardwalk was constructed according to an approved design and plan and because the municipality’s employees and officials exercised discretion for such high-level policy decisions.  Additionally, Ms. Grzeskowiak argued that the plaintiff failed to establish that the municipality’s actions were palpably unreasonable, because plaintiff failed to prove that defendant violated any established standard of care.  The Court agreed and granted judgment in favor of the defendant, dismissing all of plaintiff’s claims.

For more information on the New Jersey Tort Claims Act and defenses available to public entities, please contact Nicole M. Grzeskowiak at (732) 545-4717 or ngrzeskowiak@hoaglandlongo.com.