Rochinsky v. State of NJ, Dept. of Transp.

541 A.2d 1029, 110 N.J. 399, 1988 N.J. LEXIS 40
CourtSupreme Court of New Jersey
DecidedMay 23, 1988
StatusPublished
Cited by114 cases

This text of 541 A.2d 1029 (Rochinsky v. State of NJ, Dept. of Transp.) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rochinsky v. State of NJ, Dept. of Transp., 541 A.2d 1029, 110 N.J. 399, 1988 N.J. LEXIS 40 (N.J. 1988).

Opinions

The judgment of the Court was delivered by

[402]*402STEIN, J.

In this case we consider whether the absolute immunity for snow-removal activities conferred on public entities by our decision in Miehl v. Darpino, 53 N.J. 49 (1968), was preserved by the enactment of the Tort Claims Act, N.J.S.A. 59:1-1 to 14-4 (the Act). We conclude that the Act did not abrogate that immunity.

The facts are uncomplicated. On February 11 and 12, 1983, a major snowstorm deposited more than sixteen inches of snow in and around Essex County. The New Jersey Department of Transportation (DOT) and its contractors performed snow-removal activities in the area from 9:00 a.m. on February 11,1983 until 11:30 p.m. on February 13, 1983. DOT continued cleanup operations thereafter during normal working hours. On February 14, 1983, plaintiff Alexander Rochinsky was a passenger in a motor vehicle that overturned in the right southbound lane of Route 21 in Nutley, New Jersey. Plaintiff and his wife filed a complaint against defendants seeking damages for his injuries. The complaint alleged that defendants carried out snow removal in a “grossly negligent, hazardous and reckless manner * * * as to cause and create a dangerous condition on the highway.” In answers to interrogatories, plaintiffs amplified their description of the accident, alleging that the lane in which the vehicle was traveling “ended due to a snowbank,” and attributing the accident to defendants’ “inadequate snow removal * * * specifically, the partial plowing of a major roadway creating a snowbank ending the lane of traffic without warning and without regard to traffic circumstances.”

The DOT invoked the Miehl immunity and moved for summary judgment. The trial court was faced with conflicting Appellate Division holdings on the question whether the Tort Claims Act preserved the Miehl immunity. In Manca v. Borough of Hopatcong, 157 N.J.Super. 67 (App.Div.), certif. denied, 77 N.J. 480 (1978), the plaintiff alleged that her accident had been caused by a public entity’s snow-removal activities that had [403]*403narrowed the road width and allowed icy ruts to form. The court rejected plaintiffs argument that the Act superseded judicial decisions predating its adoption. Affirming the summary judgment granted in favor of the public entity, the court found nothing in the Tort Claims Act that reflected a “legislative intent to abolish the immunity established in the area of discretionary municipal activities typified by Miehl.” Id. at 73.

A different panel of the Appellate Division reached the opposite conclusion in Paternoster v. New Jersey Transp. Dep’t, 190 N.J.Super. 11 (App.Div.), certif. denied, 96 N.J. 258 (1983). In that case, a three-vehicle collision occurred when the driver of one vehicle entered an intersection and failed to observe two other approaching vehicles. Plaintiffs alleged that the accident was caused by the presence of. high snowbanks at the corner of the intersection. The State had lowered the height of these snowbanks on two occasions in the days preceding the accident. The court ruled that because Miehl was a pre-Tort Claims Act case, it was no longer controlling. Id. at 17. It relied on N.J.S.A. 59:2-3(d), which exposes a public entity to liability “for the exercise of discretion when, in the face of competing demands, it determines whether and how to utilize or apply existing resources,” if that determination was “palpably unreasonable.” The court also noted that subsection (d) distinguishes discretionary functions from ministerial functions and provides that N.J.S.A. 59:2-3 does not insulate the performance of ministerial functions from liability. The court concluded that the conduct of the public entities in the case before it could not be accorded immunity as a matter of law and had to be measured against the “palpably unreasonable” standard. Id.

In this case the trial court followed Manca and granted the DOT’s motion for summary judgment, but the Appellate Division reversed. Rochinsky v. State, Dep’t of Transp., 214 N.J.Super. 525 (1986). The court reasoned that the Legislature intended pre-existing common-law immunities to survive only to the extent they were consistent with the Act. Id. at 528. [404]*404Because the court interpreted Miehl as establishing immunity for snow-removal activities involving both discretionary decisions as well as ministerial operations, it concluded that Miehl was inconsistent with N.J.S.A. 59:2-3 and therefore was modified by the Act. Id. at 529. The court also held that Miehl’s immunity was abrogated by N.J.S.A. 59:4-7, which affords public entities immunity from liability only for injuries caused solely by weather conditions in their natural state, but not for injuries caused by a combination of weather conditions and snow-removal activities. We granted certification, 107 N.J. 124 (1987), and now reverse.

I

In 1972, the Legislature enacted the Tort Claims Act in response to mounting judicial disfavor with the doctrine of sovereign immunity. This Court had observed that “[sovereign] immunity from tort liability * * * [had] fallen into considerable disrepute.” B.W. King v. West New York, 49 N.J. 318, 324 (1967). We acknowledged that “the difficulty with the articulation of a substitutionary rule lies in the ascertainment and expression of a perimeter for liability,” and held that “the problem should be approached on * * * a gradual case by case basis.” Id. at 324, 325. We also observed that “[t]he analytical approach ought not to be one of asking why immunity should not apply in a given situation but rather one of asking whether there is any reason why it should apply.” Id. at 325. Three years later we speculated that a comprehensive legislative solution to the question of when public entities should be held liable in tort had “been delayed by the difficulty inherent in expressing a doctrine * * Willis v. Department of Conservation & Economic Dev., 55 N.J. 534, 539 (1970). We concluded that until the Legislature acted, it was “time for the judiciary to accept * * * responsibility and adjudicate the tort liability of the State itself.” Id. at 540; see also P.T. & L. Constr. Co. v. Commissioner of Transp., 55 N.J. 341 (1970) (abolishing the State’s immunity in contract actions).

[405]*405In the midst of this gradual erosion of judicial tolerance for the doctrine of sovereign immunity, public entities were held to be immune from liability for negligent snow removal. Miehl v. Darpino, supra, 53 N.J. 49. In Miehl, the City of Hammonton had received a heavy snowfall. Snowplowing operations at the intersection of two streets had left snowbanks on the corners of the intersection. Only a narrow passage in the snow bank allowed pedestrians to enter the intersection. Plaintiff, who was attempting to cross one of the streets, traversed the passageway, took several steps to his left, and waited for a lull in traffic. An approaching car veered toward him. Plaintiff tried to avoid the vehicle, but was struck because he was unable to find an opening in the snow through which he could regain access to the sidewalk. He alleged that his injuries were caused by negligent snowplowing.1

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Bluebook (online)
541 A.2d 1029, 110 N.J. 399, 1988 N.J. LEXIS 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rochinsky-v-state-of-nj-dept-of-transp-nj-1988.