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Sunday, August 10, 2014

MICHAEL C. KAIN VS. GLOUCESTER CITY, ET AL. A-4854-12T2

MICHAEL C. KAIN VS. GLOUCESTER CITY, ET AL.
          A-4854-12T2
The plan or design immunity provision of the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to :12-3, applies to injuries caused by "the plan or design of public property" approved "by the Legislature or the governing body of a public entity or some other body or a public employee exercising discretionary authority to give such approval . . . ." N.J.S.A. 59:4-6(a) (emphasis added). This case requires us to decide whether this provision exempts municipal defendants from liability for an allegedly dangerous condition in a pier designed by the Coast Guard and, specifically, whether the Coast Guard falls within the scope of the term, "some other body," under the statute. We decide that it does. We also conclude that the Charitable Immunity Act applies to the non-municipal defendants.