Nicole M. Grzeskowiak prevailed in a matter involving the appeal of the dismissal of a plaintiff’s claims against a local municipality based on the design of its boardwalk. 

The plaintiff claimed that she sustained severe and permanent injuries stemming from her visit to a municipal boardwalk, when she fell off the boardwalk and struck her face.  She 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.  At the trial court level, 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.  The court agreed and dismissed plaintiff’s claims.  Plaintiff appealed this dismissal.  The Appellate Division affirmed the trial court’s dismissal of the case.  It ruled that the municipality was entitled to plan and design immunity and therefore was not liable for the lack of railings along the boardwalk. 

Given the significance of this decision, this matter was featured in the New Jersey Law Journal.  A copy of the Court’s opinion can be found below.

If you would like more information, or are seeking litigation counsel, please do not hesitate to contact Nicole M. Grzeskowiak at ngrzeskowiak@hoaglandlongo.com, or call (732) 545-4717.

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