Brigante v. Tenefly Board of Education, Superior Court of New Jersey, Appellate Division, Bergen County, Docket # L 000844-12

Summary judgment stands from claim of woman struck by an errant baseball at her son’s game.

Summary judgment was properly granted when the plaintiff’s expert failed to identify an objective standard for when a ball field is dangerous for purposes of the Tort Claims Act. The “net opinion” rule forbids admission of the expert’s report. The plaintiff could not establish a prima facie case that the failure to protect her from an errant throw through the use of higher fences was palpably unreasonable.

Case Law Alerts, 2nd Quarter, April 2015

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