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Tuesday, February 3, 2009

1-29-09 Ogborne v. Mercer Cemetery (A-66/67-07)

1-29-09 Suzanne K. Ogborne v. Mercer Cemetery Corporation (A-66/67-07)

The “Palpably unreasonable” standard of N.J.S.A. 59:4-2 applies to this cause of action because it concerns the physical
condition of public property. In addition, the issues of proximate cause and comparative negligence must be retried because issues concerning the dangerous condition of the property and whether the City acted in a palpably unreasonable manner are intertwined with the issues of causation and foreseeability.