New Jersey Appellate Division Overturned Decision Granting a Township Summary Judgment on an Issue of Potholes and Failure to Repair a Roadway.

A bicyclist was injured when he swerved to avoid a vehicle and fell after striking multiple potholes in the roadway. The townships in the action were dismissed on the substantive Tort Claims Act matters and an insurer was granted summary judgment on the issue of underinsured motorist benefits. 

The New Jersey appellate court disagreed, finding that there were clear issues of fact as to whether the potholes on the roadway were sufficient to establish a dangerous condition or whether the townships failed to reasonably respond to complaints regarding the roadway and conduct repairs. 

The decedent’s estate sought summary judgment on his benefit; however, the court determined there was also an issue of fact as to whether the decedent’s own dangerous operation of his bicycle caused the incident, precluding summary judgment on his behalf as well. 

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