Case law

Seawell v. MacWithey

2 N.J. Super. 255 · New Jersey Superior Court Appellate Division · Jan 10, 1949

of the State within the purview of section 1 of the Fourteenth Amendment of the Constitution of the United States which provides in part: "* * No state shall make or enforce any law which shall abridge the privileges or immunities … They may all be summarized by the single statement that by the Fourteenth Amendment the colored race was raised to the dignity of citizenship and equality and the states were prohibited from abridging the privileges and immunities

Terracciona v. Magee

53 N.J. Super. 557 · New Jersey Superior Court Appellate Division · Jan 19, 1959

The general rule in civil cases is that change of established law by judicial decision is retrospective. Fox v. … It applies to holdover tenancies that may arise after the effective date of the statute and not those that had theretofore been established.

Hopkins v. City of Gloucester

358 N.J. Super. 271 · New Jersey Superior Court Appellate Division · Mar 12, 2003

possible negligence—it would not establish a showing by plaintiff of knowledge by Mr. … Johnson, he and his employer are immune from suit." *442 We do not agree.

Rutgers v. Piluso

113 N.J. Super. 65 · New Jersey Superior Court Appellate Division · Jan 11, 1971

That result would be contrary to the expressed intent to establish Rutgers as the State's instrumentality to operate the State University. In Aviation Services v. … Supporting the presumption of immunity are the provisions of the 1956 act.

Perona v. Township of Mullica

270 N.J. Super. 19 · New Jersey Superior Court Appellate Division · Jan 14, 1994

Even when one of the Act's provisions establishes liability, that liability is ordinarily negated if the public entity possesses a corresponding immunity." Id. at 408 , 541 A. 2d 1029 (quoting Kolitch v. … And that being so, I believe that the officers, in their determination, enjoy an absolute, as oppose to a qualified type of immunity with respect to this.

Levin v. Devoe

221 N.J. Super. 61 · New Jersey Superior Court Appellate Division · Oct 30, 1987

immunities. … Super. 393, 400 (App.Div. 1987), that Stewart establishes an absolute municipal immunity for deteriorated sidewalks.

Stone v. Police Department of Keyport

191 N.J. Super. 554 · New Jersey Superior Court Appellate Division · Nov 3, 1983

Plaintiff made the statement in a criminal proceeding to establish a factual basis for his guilty plea to an assault charge arising out of this incident. … We have carefully considered plaintiff’s remaining points and find that they are clearly without merit. R. 2:ll-3(e)(l)(E). Affirmed.

Wood v. City of Linden

218 N.J. Super. 11 · New Jersey Superior Court Appellate Division · May 26, 1987

We now reverse because plaintiff established a prima facie case. … Clearly, no evidence was presented to allow the jury to deliberate as to them.

Smith v. City of Newark

136 N.J. Super. 107 · New Jersey Superior Court Appellate Division · Jun 30, 1975

IV, § 7, par. 9(8), in that it grants an individual an exclusive privilege and immunity; (4) N.J. Const. (1947), Art. … Such an intention must be clearly expressed in order to affect pending litigation. A & B Auto Stores of Jones St., Inc. v. Newark, 59 N.J. 5, 22 (1971); O'Neill v. Hoboken, 73 N.J.L. 189 (Sup.

Popek v. STATE, DEPT. OF HUMAN SERV.

240 N.J. Super. 128 · New Jersey Superior Court Appellate Division · Jan 31, 1990

Any liability of a public entity established by this act is subject to any immunity of the public entity and is subject to any defenses that would be available to the public entity if it were a private person. … The Contractual Liability Act is clearly inapplicable to plaintiffs' claims.

Edwards v. Our Lady of Lourdes Hosp.

217 N.J. Super. 448 · New Jersey Superior Court Appellate Division · May 7, 1987

Anderson County Hospital Ass'n, 268 S.C. 479 , 234 *465 S.E. 2d 873, 876-877 (1977) (no charitable immunity for hospital's "heedlessness and reckless disregard of the plaintiff's rights"); Bottari, The Charitable Immunity … J. 61 (1980); Tort Immunity of Nongovernmental Charities — Modern Status, 25 A.L.R. 4th 517 (1983).

Maule v. Conduit & Foundation Corp.

124 N.J. Super. 488 · New Jersey Superior Court Appellate Division · Jul 2, 1973

There has been a steady movement away from immunity * * *. … But the second proposition is qualified by limitations which compound the difficulties of one who assails the legislative decision.

Rescigno v. Picinich

151 N.J. Super. 587 · New Jersey Superior Court Appellate Division · Jun 30, 1977

immunity, charitable immunity and public employee immunity. … To effectuate such a change the legislative intent must be clearly and plainly expressed. Fivehouse v. Passaic Valley Water Comm'n, 127 N.J. Super. 451, 456 (App. Div. *599 1974); De Fazio v. Haven S. & L.

Essex Council No. 1, New Jersey Civil Service Ass'n v. Gibson

114 N.J. Super. 576 · New Jersey Superior Court Appellate Division · May 7, 1971

Notwithstanding plaintiffs’ failure to pursue administrative remedies within the Civil Service establishment, the court will accept the controversy. … In the sense that it reflects a devaluation of their working time, it is as clearly a reduction in position as if their salaries had been decreased for the 30-hour week.

Luczak v. Township of Evesham

311 N.J. Super. 103 · New Jersey Superior Court Appellate Division · May 12, 1998

He stated: Clearly, this was a decision by the municipality at its highest level, the mayor, council level as to what to do in connection with Kettle Run Road. … A defendant may also seek a directed verdict at the close of the plaintiff’s case (as, defendant did here), establishing its entitlement to immunity through its cross-examination of the plaintiff’s witnesses and/or by trial

Pandya v. State

375 N.J. Super. 353 · New Jersey Superior Court Appellate Division · Feb 28, 2005

He did not consider himself qualified to determine whether something represented a dangerous condition. … Only the Luz accident clearly represented an accident similar to Rahul’s, and there is no *372 assertion that corrective action should have been undertaken in the twelve hours between the two accidents.

State v. Mara

253 N.J. Super. 204 · New Jersey Superior Court Appellate Division · Jan 8, 1992

The immunity provided by N.J.S.A. 45:1-20 is not self-executing. … The judge found that he was clearly convinced that the aggravating factors substantially outweighed the mitigating factors.

Richter v. Oakland Bd. of Educ.

459 N.J. Super. 400 · New Jersey Superior Court Appellate Division · Jun 11, 2019

Citing Victor , the Court ruled: To establish a failure-to-accommodate claim under the LAD, a plaintiff must demonstrate that he or she (1) "qualifies as an individual with a disability, or [ ] is perceived as having a disability … Clearly, actions that affect wages, benefits, or result in direct economic harm qualify.

Long Branch Division of United Civic & Taxpayers Organization v. Cowan

119 N.J. Super. 306 · New Jersey Superior Court Appellate Division · May 30, 1972

Involved in this declaratory judgment action is the right of the State of New Jersey, through the State *308 Department of Health, Division of Narcotic and Drug Abuse Control (Department), to establish a residential narcotic … Although the complaint does not specifically charge that the Department acted unreasonably or arbitrarily, the above-quoted language clearly implies such conduct and sets forth a colorable claim thereof.

Benton v. YMCA of Westfield

47 N.J. Super. 372 · New Jersey Superior Court Appellate Division · Nov 13, 1957

It is not sufficient, as defendant argues, merely to establish that the conditions present on the steps were observed by Mrs. Benton. … The doctrine of charitable immunity found its way into American law through misconception or misapplication of previously established principles.