DiMatteo v. Twp. of East Brunswick, App. Div. (per curiam) 36-2-8377

Township’s failure to fill in a hole on a soccer field is not “palpably unreasonable” to reverse summary judgment.

The plaintiff appealed the granting of the defendant’s summary judgment. Her daughter’s sneaker got caught in a hole on a grassy hill leading to a soccer field. The panel affirmed the summary judgment, finding that the plaintiff failed to show the hole was a dangerous condition, and there was no proof the failure to fill the hole was palpably unreasonable. Also, there was no dispute that the grade of the slope was consistent with the approved design for the terraced fields.

 

Case Law Alerts, 2nd Quarter, April 1, 2016

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