Hasiak v. Borough of Wallington, Bergen County, N. J. App. Div (Per Curiam)

Case dismissed against county playground as the net opinion of the plaintiff’s expert was insufficient.

Summary judgment was granted to the County of Bergen from a claim of injury due to a fall from a slide. The minor plaintiff’s guardian had an expert to establish the theory that the injury occurred due to a failure to provide adequate ground cover for expected falls. The court found that the ground cover was sufficient and not “palpably unreasonable.” The plaintiff’s expert report did not support the contention that the County’s conduct was such that it would not be immune under the Tort Claims Act.

Case Law Alerts, 4th Quarter, October 2014