Case Note – Polzo v. County of Essex

The New Jersey Supreme Court issued a decision in Polzo v. County of Essex. The Court considered whether a county could be held liable for a fatal accident that occurred when a person lost control of her bicycle while riding across a two-foot wide, one-and-one-half inch depression on the shoulder of a county roadway. After an analysis of the facts, and the applicable New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 12-3, the Court decided that the County had no liability to the decedent as the County had no notice of the condition, the condition did not create a reasonably foreseeable risk of injury and the County’s actions were not palpably unreasonable.

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