Defendant did not have constructive notice of uncovered manhole to satisfy requirements of New Jersey Tort Claims Act.

The New Jersey Appellate Division affirmed granting of summary judgment for the City of Newark in a case where a manhole cover became dislodged during a heavy rain storm. The plaintiff lost control of her car after driving over the open manhole. The court found that the plaintiff was unable to establish either actual or constructive notice, since there were no facts as to how the manhole cover had been dislodged, nor admissible evidence that the City of Newark knew or should have known about the open manhole in the street.

_{Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2023 Marshall Dennehey, all rights reserved. This article may not be reprinted without the express written permission of our firm.}