NINA PAGAN VS. NEWARK HOUSING AUTHORITY (L-1541-12, ESSEX COUNTY AND STATEWIDE), A-3296-14T4

Background

In January 2011 Nina Pagan, an NHA tenant, was violently attacked inside her apartment by an unknown armed intruder. She had no direct proof the attack was connected to earlier events.
In April 2010 Pagan’s six-year-old son witnessed a murder outside the building; Pagan reported the incident to NHA and later reported her parked car was vandalized.
Pagan requested transfers after the April 2010 incident; NHA twice offered other units which Pagan refused, and later placed her on the waiting list. After the 2011 assault Pagan filed an emergency transfer request; she accepted an offered unit in December 2012 and was transferred in January 2013.
In February 2012 Pagan sued NHA alleging negligence for failing to maintain safe premises, to transfer her, and to comply with laws; discovery followed and NHA moved for summary judgment.
The trial judge granted summary judgment, finding (1) NHA not liable under the TCA as to a premises “dangerous condition” caused by third-party crime, (2) Pagan failed to show proximate causation that the transfer denial led to the assault, (3) immunity under N.J.S.A. 59:5-4 for failure to provide police protection applied, and (4) Pagan had not shown injuries meeting the TCA’s statute threshold. This appeal followed.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether NHA is liable for a "dangerous condition" under the TCA based on criminal acts by third parties	Pagan argued NHA knew the property posed a danger to her after the murder/vandalism incidents and therefore a dangerous condition existed	NHA argued criminal acts by third parties do not create a statutory "dangerous condition" and thus no premises liability under the TCA	Court held third-party criminal activity does not constitute a dangerous condition under the TCA and Pagan conceded she was not asserting premises liability
Whether NHA negligently failed to transfer Pagan, proximately causing the assault	Pagan argued NHA employees were negligent in handling transfer requests and that refusal to relocate her exposed her to foreseeable harm	NHA argued there was no proof the 2011 assault was related to earlier incidents and thus no proximate causation; also asserted statutory immunities	Court held Pagan offered only speculation and no evidence of proximate causation; summary judgment for NHA affirmed
Whether NHA is immune under the TCA for failure to provide police protection	Pagan did not assert inadequate policing as her claim	NHA relied on N.J.S.A. 59:5-4 immunity for failures to provide police protection	Court noted TCA immunity would apply to inadequate policing claims and found Pagan did not plead such a claim
Whether Pagan’s injuries met the TCA's statutory serious-injury threshold	Pagan argued her injuries satisfied N.J.S.A. 59:9-2(d) threshold	NHA argued threshold not met	Court declined to decide because summary judgment disposition on proximate causation made it unnecessary to reach threshold issue

Key Cases Cited

Cypress Point Condo. Ass'n v. Adria Towers, L.L.C., 226 N.J. 403 (summary-judgment de novo standard)
Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520 (summary-judgment "genuine issue" standard)
Rodriguez v. New Jersey Sports & Exposition Authority, 193 N.J. Super. 39 (criminal presence not a "dangerous condition" under TCA)
Setrin v. Glassboro State College, 136 N.J. Super. 329 (similar limitation on premises liability for third-party criminal acts)
Robinson v. Vivirito, 217 N.J. 199 (elements of negligence—duty, breach, proximate cause, damages)
Sczyrek v. County of Essex, 324 N.J. Super. 235 (TCA immunity for inadequate security/policing claims)
Brooks v. Odom, 150 N.J. 395 (interpretation of serious-injury threshold under TCA)