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
