Thomas J. Stewart v. New Jersey Turnpike Authority/Garden State Parkway (085416) (Monmouth County & Statewide) (A-61/62-20; 085416)
The Court agrees with the trial court that plaintiffs’ new theory should not have been considered given its late presentation. The Court nonetheless holds, for completeness, that plaintiffs’ new theory did not raise an issue of material fact. The Court reinstates summary judgment in favor of defendants and dismisses the complaint with prejudice. The Court also finds that Earle is entitled to derivative immunity.
