From Casetext: Smarter Legal Research

Dependable Container Serv. v. N.J. Tp. Auth

Superior Court of New Jersey, Appellate Division
Jun 24, 1975
135 N.J. Super. 238 (App. Div. 1975)

Opinion

Submitted June 17, 1975 —

Decided June 24, 1975.

On appeal from the Superior Court, Law Division.

Before Judges KOLOVSKY, LYNCH and ALLCORN.

Messrs. Ronca McDonald, attorneys for appellant ( Mr. John J. Ronca on the brief).

Messrs. McElroy, Connell, Foley Geiser, attorneys for respondent ( Mr. William H. Graham, of counsel and on the brief).


The New Jersey Turnpike Authority is so plainly and clearly a public entity within the meaning of that term as defined in N.J.S.A. 59:1-3, as to leave no room for construction. See N.J.S.A. 27:23-1 et seq. Consequently, the present action — a subrogation action in which the insurer of the plaintiff is the real party in interest — is barred by the express proscription contained in the New Jersey Tort Claims Act. N.J.S.A. 59:9-2(e).

Affirmed.


Summaries of

Dependable Container Serv. v. N.J. Tp. Auth

Superior Court of New Jersey, Appellate Division
Jun 24, 1975
135 N.J. Super. 238 (App. Div. 1975)
Case details for

Dependable Container Serv. v. N.J. Tp. Auth

Case Details

Full title:DEPENDABLE CONTAINER SERVICE, INC., PLAINTIFF-APPELLANT, v. NEW JERSEY…

Court:Superior Court of New Jersey, Appellate Division

Date published: Jun 24, 1975

Citations

135 N.J. Super. 238 (App. Div. 1975)
343 A.2d 118

Citing Cases

The Travelers Insurance Company v. Collella

[at 25] And lastly, subrogation — permitted under N.J.S.A. 34:15-40 (f) — is expressly prohibited by N.J.S.A.…

S.E.W. Friel Company v. N.J. Turnpike Authority

For the purposes of establishing liability in the State of New Jersey this definition [of "Public Entity"] is…