HAZEL CHERRY VS. CITY OF NEWARKÂ (L-1165-13, ESSEX COUNTY AND STATEWIDE), A-4162-14T1

Hazel Cherry sued the City of Newark after falling in a crosswalk on June 6, 2012, alleging injury from a cracked/uneven asphalt depression (pothole).
Cherry produced photographs (taken shortly after the fall and one a year later), municipal work permits for nearby borings from 2011, and records showing prior work/complaints in the general area.
Cherry offered no expert report on the cause of the depression or how long it existed, and presented no evidence of complaints about that specific defect.
The Law Division granted Newark summary judgment, concluding Cherry failed to prove the City had actual or constructive notice of the hazardous condition.
Cherry appealed; the Appellate Division reviewed the grant of summary judgment de novo and affirmed, agreeing the record lacked proof Newark had notice a sufficient time before the accident.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether plaintiff presented sufficient evidence of actual or constructive notice by the public entity under the Tort Claims Act	Photographs and prior work permits/records in the area allow a reasonable inference the defect pre-existed the fall and that the City had (or should have had) notice	The materials do not show the City knew of this specific defect or that it existed long enough to give constructive notice; no expert evidence on causation or duration	Held for defendant: plaintiff failed to establish actual or constructive notice as required by N.J.S.A. 59:4-2 and 59:4-3; summary judgment affirmed

Polzo v. Cty. of Essex, 196 N.J. 569 (2008) (establishes TCA notice framework and immunity default for public entities)
Polzo v. Cty. of Essex, 209 N.J. 51 (2012) (clarifies proof needed to show public-entity notice of potholes/roadway defects)
Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520 (1995) (summary-judgment standard and appellate review)
Cypress Point Condo. Ass'n v. Adria Towers, LLC, 226 N.J. 403 (2016) (de novo review of summary judgment)
Liberty Surplus Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436 (2007) (standard for genuine issue of material fact)
Lombardi v. Masso, 207 N.J. 517 (2011) (appellate appendix and record requirements)
Polyard v. Terry, 160 N.J. Super. 497 (App. Div. 1978) (pothole/defect causation and actionable conditions)