Susan Baranowski v. City of Newark
A-2262-23
N.J. Super. Ct. App. Div.Mar 11, 2025Background
- Plaintiff Susan Baranowski was injured after tripping in a pothole on Peerless Place in Newark in September 2020 while walking to her parked car.
- Baranowski could not specifically identify the location of the pothole using available photographs and made no prior complaint to the City about street conditions.
- Newark’s pothole crew, responsible for 265 miles of roads, had no record of complaints about Peerless Place potholes from 2017 to the date of injury.
- Baranowski sued the City of Newark for negligence under the New Jersey Tort Claims Act (TCA).
- The trial court granted summary judgment for Newark, finding lack of evidence of constructive notice of the pothole or unreasonable conduct by the City.
- The Appellate Division reviewed the decision de novo and affirmed the dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constructive Notice under TCA | Newark had constructive notice based on street's rough condition, photos, and years of disrepair | No notice or complaints of pothole prior to incident; photos unverified | No competent evidence of constructive notice; City not liable |
| Dangerous Condition | Peerless Place has been uneven/rough for years | No evidence provided the pothole existed long; no complaints | Plaintiff failed to show condition existed long enough for notice |
| Competence of Photo Evidence | Google Earth and other photos show ongoing condition | Photos unauthenticated and unreliable | Photographs not competent or authenticated evidence |
| Palpably Unreasonable Conduct | Newark failed to repair or protect pedestrians | City responded reasonably, no prior notice; condition not obvious | No evidence City’s actions were palpably unreasonable |
Key Cases Cited
- Polzo v. County of Essex, 209 N.J. 51 (N.J. 2012) (sets standard for public entity liability for dangerous conditions under TCA)
- Vincitore ex rel. Vincitore v. N.J. Sports & Exposition Auth., 169 N.J. 119 (N.J. 2001) (addresses when a condition is a factual question for the jury)
- Gomes v. County of Monmouth, 444 N.J. Super. 479 (App. Div. 2016) (TCA governs tort actions against NJ public agencies)