McFarland v. Borough of Collingswood, N.J. Super App. Div. 2018 N. J. Super Unpub LEXIS 1110

Volunteering to maintain a park does not establish ownership or control for liability for injury from tree.

The plaintiff’s action for injury—a tree limb fell on her at a little league game—was dismissed as she failed to establish: (1) sufficient injuries pursuant to the New Jersey Tort Claims Act; and (2) the Borough owned or controlled the park and the failure to remove a branch was palpably unreasonable. The Borough did not own the park, thus the court found that by assisting in mowing grass and removing trash, the Borough did not assume responsibility for inspection and maintenance of the grounds and trees.

 

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