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Thursday, June 21, 2012

John Seals and Julia Seals v.County of Morris (067441; A-84/85-10)

John Seals and Julia Seals v.County of Morris
 (067441; A-84/85-10)

   Neither Contey nor N.J.S.A. 48:3-17.1 confers immunity
on the utility for its negligence, if any, in placing
the electric pole.  If a governmental entity directs a
utility where to place a pole – as in Contey – the
utility is immune from liability.  When there is no
governmental dictate, ordinary negligence standards
apply.  A utility will be liable if it places or
maintains an electric pole where there is an
unreasonable and unnecessary danger to travelers upon
the highway.  Whether the County is entitled to TCA
immunity must be remanded for further proceedings. 5-14-12