The N.J. Law Journal reports:
In a case argued on Monday, the N.J. Supreme Court considered whether county and local governments can be held liable for not fixing potholes they might not know about, or for not having detection systems in place to spot them.
The case, Polzo v. County of Essex, A-74/75-10 brought by the family of a cyclist who died of head injuries suffered on an Essex County road, reached the Court, and was remanded for fact-finding whether the County had constructive notice of a potential hazard – a requirement for meeting the Tort Claims Act threshold.
The trial judge answered in the negative, but the Appellate Division reversed, finding a potentially viable alternative theory of liability: that the County had no road-hazard inspection program in place.
Read more…
Polzo v. County of Essex, No. A-1553-09T3.
