Case law

Cogsville v. City of Trenton

159 N.J. Super. 71 · New Jersey Superior Court Appellate Division · Apr 25, 1978

prevents the city from invoking that immunity in the first place. … Whether the claim is predicated on a failure to adopt or enforce a law, or on administrative action or inaction, it is clearly barred by the act.

DeVries v. Habitat for Humanity

290 N.J. Super. 479 · New Jersey Superior Court Appellate Division · May 17, 1996

immunity." … as amplifying who is barred by charitable immunity, that is, beneficiaries and who is not, that is, nonbeneficiaries; we do not construe it as enlarging the category of those qualifying as beneficiaries to include persons

Aronsohn & Springstead v. Weissman

230 N.J. Super. 63 · New Jersey Superior Court Appellate Division · Jan 19, 1989

Defendant argues that it is immunized from execution by the Internal Revenue Code (Code) and, more particularly, 26 U.S.C.A. § 401 (a)(13)(A), which conditions qualification *66 of a retirement trust for the favorable income … Thus, as Rayndon and Anderson, supra, at 530-531, conclude, a Keogh plan is clearly, in essence, a self-settled spendthrift trust — reachable by the settlor-beneficiary's creditors.

Kollar v. Lozier

286 N.J. Super. 462 · New Jersey Superior Court Appellate Division · Jan 17, 1996

Clearly, Kollar posed a threat not only to himself but also to others. We do not read General Order 83-3 to prohibit a pursuit in this situation. … However, in this case its employees, Lozier and Dawson, are immune from liability pursuant to N.J.S.A. 59:5-2b(2) and the Borough is entitled to the same immunity.

Watford v. Unsatisfied Claim & Judgment Fund Board

113 N.J. Super. 495 · New Jersey Superior Court Appellate Division · Feb 23, 1971

J. 341 (1969), destroying sovereign immunity, shows the *506 judicial journey into enlightenment and justice in these matters. … It is but a short step from destroying the sovereign immunity of the State to the detriment of its citizens to judicial incursion into the Fund’s cacoon of claimed immunity.

Mitchell v. City of Trenton

163 N.J. Super. 287 · New Jersey Superior Court Appellate Division · Oct 31, 1978

Plaintiffs presented proofs at trial before the jury which established that Mrs. Mitchell fell at the curb, within the lines of the crosswalk. Mrs. … The substance of his testimony clearly supported the conditions for immunity under N.J.S.A. 59:2-3(d).

CJ v. Vuinovich

252 N.J. Super. 122 · New Jersey Superior Court Appellate Division · Nov 22, 1991

United States, 663 F. 2d 1226 (3d Cir. 1981) (en banc), cert. denied, 456 U.S. 972 , 102 S.Ct. 2234 , 72 L.Ed. 2d 845 (1982), which held that the established doctrine of military immunity precluded state causes of action … Will , therefore, "establishes that the State and arms of the State, which have traditionally enjoyed Eleventh Amendment immunity, are not subject to suit under § 1983 in either federal court or state court." Howlett v.

Van Dunk v. Reckson Associates

415 N.J. Super. 490 · New Jersey Superior Court Appellate Division · Aug 30, 2010

The issue of what qualifies as an "intentional wrong" under the statute was first addressed by our Supreme Court in Millison, supra, 101 N.J. at 177-80 , 501 A. 2d 505 . … The Court therefore adopted a two-prong test that had to be satisfied in order to establish that an employer has lost its immunity under the statute: "(1) the employer must know that his actions are substantially certain

Reale v. Tp. of Wayne

132 N.J. Super. 100 · New Jersey Superior Court Appellate Division · Jan 10, 1975

Div. 1967), aff'd. 51 N.J. 230 (1968), the court determined that under R.R. 4:8-3, the source rule of R. 4:5-4, the defense of qualified immunity of a municipality had to be specifically pleaded in order to avoid surprise … The last sentence of N.J.S.A. 59:8-8 establishes an exception to the requirement for timely notice by preserving actions on behalf of infants or incompetents regardless of compliance with the notice rules.

Frapaul Constr. Co. v. Transportation Dep't of NJ

175 N.J. Super. 84 · New Jersey Superior Court Appellate Division · Jul 17, 1980

Prior to 1970 the State was protected from actions in contract and tort by sovereign immunity. In 1970, however, the Supreme Court abolished the common law sovereign immunity of the State in contract actions. … NOTES [1] Report of the Attorney General's Task Force on Sovereign Immunity, (May 1972). The report addressed waiver of sovereign immunity in both tort and contract.

International Missions, Inc. v. Lincoln Park

87 N.J. Super. 170 · New Jersey Superior Court Appellate Division · Mar 26, 1965

. * * * Otherwise any individual whose home is in New Jersey and who incorporated here for religious purposes and who evangelized all over the country would be entitled to the immunity. … The question here is whether Reverend Davis qualifies as a "district superintendent" of International. We conclude that he does not.

Lipman v. Rutgers-State Univ. of NJ

329 N.J. Super. 433 · New Jersey Superior Court Appellate Division · Apr 4, 2000

Discovery also revealed that Lipman's New Jersey bank accounts were both established by his father when Lipman was a child. The only bank account established solely in Lipman's name was in Philadelphia. … Rutgers has also been deemed immune from local real property taxation. Rutgers v. Piscataway Township, 1 N.J.Tax 164 (Tax 1980).

DeGroot v. Muccio

115 N.J. Super. 15 · New Jersey Superior Court Appellate Division · May 17, 1971

Although insisting that the amended complaint fails to state a claim for which relief can be granted, they contend that even if there is such a statement, they are immune "because the said alleged acts were not done clearly … According to defendants, it happens when the prosecutors' acts "are clearly outside their jurisdiction"; plaintiffs argue that immunity is gone at the point where what the prosecutor does is not "an integral part of his job

Weeks v. City of Newark

62 N.J. Super. 166 · New Jersey Superior Court Appellate Division · Jun 24, 1960

law unless such an intention is clearly expressed or plainly exhibited by the words of the statute." … A majority of jurisdictions elsewhere hold that a municipality performs a governmental function and is immune from tort liability when it establishes and maintains a public swimming pool, even where a nominal charge is made

Passaic County Bar Ass'n v. Hughes

108 N.J. Super. 161 · New Jersey Superior Court Appellate Division · Dec 22, 1969

The Governor, after exhaustive consultation and careful consideration, *172 sends to the Senate the name of the individual he deems most qualified by temperament and professional ability to occupy that judgeship. … In asserting and exercising its right to review, the court did no more than establish the exclusive nature of the particular qualifications for membership in the House that the Constitution enumerated.

Coleman v. Edison Tp.

95 N.J. Super. 600 · New Jersey Superior Court Appellate Division · Jul 3, 1967

The municipality pleaded its statutory immunity under R.S. 40:9-2 as a complete defense. … (Italics ours) The words "in connection therewith" clearly have reference to "public swimming pools."

Schweikart v. Sandy Hook Reservation Authority

92 N.J. Super. 508 · New Jersey Superior Court Appellate Division · Nov 14, 1966

The act created and established in the State Department of Conservation and Economic Development a body corporate and politic, to be known as the Sandy Hook Reservation Authority, which was to acquire, construct, develop, … Clearly, the Department’s operation of the park is the alternative to operation by the Authority contemplated when the Legislature included N. J. 8. A. 13 :15 — 16 in the Sandy Hook Reservation Authority Act.

McIntosh v. De Filippo

281 N.J. Super. 171 · New Jersey Superior Court Appellate Division · Apr 21, 1995

Our Workers' Compensation Act, N.J.S.A. 34:15-1 et seq., establishes a no-fault compensation system for employees who are injured while working for their employer. … If they were, De Filippo would be immune from suit by virtue of the fellow-employee tort immunity provided by N.J.S.A. 34:15-8, as the trial court found.

McDermott v. TENDUN CONSTRUCTORS, ROHR INDUSTRIES, INC.

211 N.J. Super. 196 · New Jersey Superior Court Appellate Division · Jun 17, 1986

With respect to Knight, we conclude that summary judgment grounded upon governmental immunity was properly denied since the record clearly indicates that this entity was fully responsible for planning and designing all aspects … Although Knight clearly was not entitled to summary judgment based upon governmental immunity, we find that the trial *208 court properly granted it summary judgment on the alternate ground that plaintiff had failed to make

AAA Mid-Atlantic Insurance v. Prudential Property & Casualty Insurance

336 N.J. Super. 71 · New Jersey Superior Court Appellate Division · Dec 22, 2000

Thus, his parents, the MacElraths are statutorily immune from liability for injuries suffered by their son resulting from the alcoholic beverages they served him. … Prudential’s claim is clearly derivative. It depends upon establishing liability against another carrier’s insureds, the homeowners and social hosts.