Topic: Public Entity

Res Ipsa Loquitur: the Thing Speaks for Itself… Unless the Thing We’re Speaking of Involves a Public Entity

By:  Jessica M. Anderson Res ipsa loquitur is not available in an action against a public entity grounded upon a dangerous condition of public property.  Rocco v. New Jersey Transit Rail Operations, Inc., 330 N.J. Super. 320, 339-40 (App. Div. 2000).  The Tort Claims Act requires proofs beyond those necessary for a res ipsa loquitur […]

Read More

Filing an Internal Affairs Complaint with Police Department Not “Substantially Comply” with Tort Claims Act Notice Requirement

By: Betsy G. Ramos Plaintiff Malik Macklin alleged that three Camden County Police Officers used excessive force when they assaulted and arrested him without probable cause as he was walking down the street and, as a result, he suffered injuries. Less than one month later, he reported the incident to the Camden County Police Department’s […]

Read More

Township Found Not Liable to Pedestrian for Injury Resulting From Tripping Over Depression in Middle of Roadway While Jaywalking

By: Betsy G. Ramos The Plaintiff Patricia Shilinsky “Shilinsky” went to visit her son at his home on Abbott Avenue in Ridgefield. She parked her car across the street from his home. As she jaywalked across the street, she tripped and fell on a depression in the middle of the roadway. In Shilinsky v. Borough […]

Read More