STATEMENT TO

[First Reprint]

ASSEMBLY, No. 867

with Senate Floor Amendments

(Proposed by Senator McGREEVEY)

ADOPTED: DECEMBER 11, 1997

      These Senate floor amendments would amend N.J.S.59:4-4 (concerning emergency signs) to provide that a public entity would not be liable for injury proximately caused by its failure to replace or maintain ordinary traffic signals, signs, markings or other devices unless the public entity has actual knowledge that the signals, signs, markings or other devices have been removed, destroyed, damaged, or rendered ineffective and failed to act as a reasonable person exercising due care. These amendments would also remove section 2 from the bill. Section 2 would amend N.J.S.59:4-5 to provide that neither a public entity nor a public employee will be liable for injury proximately caused by the failure to replace or maintain ordinary traffic signals, signs, markings or other devices.

      Currently, the law 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.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.