ELIZABETH TYMCZYSZYN VS. COLUMBUS GARDENS, ET AL. A-3544-09T4
Plaintiff slipped on ice and fell on the sidewalk abutting a multi-unit residential property owned and operated by the Hoboken Housing Authority. The trial court granted summary judgment to the Housing Authority. We reverse because plaintiff presented sufficient evidence to survive summary judgment under N.J.S.A. 59:4-2(a), establishing that the manner in which theHousing Authority removed snow and ice from the area in question could have created the dangerous condition that caused plaintiff's injury. In the alternative we find that, under N.J.S.A. 59:4-2(b), the Housing Authority was constructively on notice of the dangerous condition.
Applying Bligen v. Jersey City Housing Authority, 131 N.J. 129 (1993), we also hold the Housing Authority is not entitled to invoke the weather condition immunity in N.J.S.A. 59:4-7, or the common law immunity for snow-related activities under Miehl v. Darpino, 53 N.J. 49, 54 (1968). 09-30-11
