ASSEMBLY JUDICIARY COMMITTEE

 

STATEMENT TO

 

ASSEMBLY, No. 867

 

STATE OF NEW JERSEY

 

DATED: JUNE 10, 1996

 

      The Assembly Judiciary Committee reports favorably Assembly Bill No. 867.

      This bill amends N.J.S.59:4-5 to provide that a public entity will not be liable for injury proximately caused by the failure to provide, replace or maintain ordinary traffic signals, signs, markings or other devices unless the public entity had actual or constructive knowledge of the absence of the signals and its actions or failure to act are palpably unreasonable. It also amends N.J.S.59:4-4 concerning emergency signs to provide that section shall not be construed to impose liability upon a public entity for injury proximately caused by its failure to replace or maintain ordinary traffic signals, signs, markings or other devices unless the public entity had actual or constructive knowledge of the absence of the signals and its actions or failure to act are palpably unreasonable. Currently N.J.S.A.59:4-4 provides that a public entity may be liable for injury proximately caused by its failure to provide emergency signals, signs, markings or other devices under certain circumstances set forth in N.J.S.A.59:4-4. This bill does not change that provision.

      In Civalier by Civalier v. Estate of Trancucci, 138 N.J. 52 (1994), the New Jersey Supreme Court ruled in a 4-2 decision that N.J.S.59:4-4 of the "New Jersey Tort Claims Act" imposes liability on a public entity for its failure to replace a missing stop sign if a motorist's reliance on the previous presence of the sign caused injury. This bill is intended to overcome the court's ruling in that case by clarifying when public entities are immune from liability.

      This bill was prefiled for introduction in the 1996 session pending technical review. As reported, the bill includes the changes required by technical review which has been performed.