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Wuethrich v. Delia

Superior Court of New Jersey, Appellate Division
Jan 11, 1978
155 N.J. Super. 324 (App. Div. 1978)

Summary

holding that a municipality is not liable for its "failure to protect against the criminal propensity of third persons."

Summary of this case from Gleason v. Peters

Opinion

Argued November 22, 1977 —

Decided January 11, 1978.

On appeal from the Superior Court, Law Division, 134 N.J. Super. 400.

Before Judges MATTHEWS, CRANE and ANTELL.

Mr. John Anthony Lombardi argued the cause on behalf of appellant.

Mr. Thomas W. Greelish argued the cause on behalf of respondent Township of Berkeley Heights ( Messrs. Schenck, Price, Smith King, attorneys; Mr. Francis J. Beyrent, of counsel).

Messrs. Mantel Thelander filed a Statement in Lieu of Brief on behalf of respondent Delia ( Mr. Robert C. Thelander on the brief).


In March 1975 defendant township moved to dismiss the complaint on the ground that it failed to state a claim upon which relief could be granted. That motion was denied. The opinion of the judge below which contains the underlying facts is reported at 134 N.J. Super. 400 (Law Div. 1975). Subsequently, in 1976, after discovery was completed, defendant township moved for summary judgment. After having considered the moving and reply papers and having reviewed the entire record, the judge below granted summary judgment in favor of the township.

Pursuant to leave granted, plaintiff appeals contending that the judge erred in granting summary judgment and that the immunity provided by the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 et seq. is not available to defendant township under the circumstances of this case.

We have carefully examined the record below and have concluded that summary judgment was appropriately granted. While it is true that police officers have a duty to investigate information from citizens concerning unlawful or criminal activity, State v. Royal, 115 N.J. Super. 439 (App.Div. 1971), certif. den. 59 N.J. 294 (1971), the failure of the police to make an arrest as a consequence does not subject the municipality to tort liability. N.J.S.A. 59:5-5. Municipalities are expressly immunized from tort liability for the failure to provide police protection or the failure to provide sufficient police protection. N.J.S.A. 59:5-4. A public entity such as a municipality is not liable in tort for its failure to protect against the criminal propensity of third persons. Setrin v. Glassboro State College, 136 N.J. Super. 329 (App.Div. 1975). We find no merit in the argument of plaintiff that the provisions of N.J.S.A. 59:2-2 and 59:2-3 diminish the explicit grant of immunity contained in N.J.S.A. 59:5-4 and 59:5-5.

Affirmed.


Summaries of

Wuethrich v. Delia

Superior Court of New Jersey, Appellate Division
Jan 11, 1978
155 N.J. Super. 324 (App. Div. 1978)

holding that a municipality is not liable for its "failure to protect against the criminal propensity of third persons."

Summary of this case from Gleason v. Peters

In Wuethrich v. Delia, 155 N.J. Super. 324, 326, 382 A.2d 929 (App.Div.), certif. denied, 77 N.J. 486, 391 A.2d 500 (1978), we held that municipalities are expressly immunized from tort liability for failure to provide police protection, or for the failure to provide sufficient police protection, and that a public entity, such as a municipality, is not liable in tort for failure to protect against the criminal propensity of third persons.

Summary of this case from Schwarz v. Port Authority Transit
Case details for

Wuethrich v. Delia

Case Details

Full title:BETTY WUETHRICH, INDIVIDUALLY AND AS ADMINISTRATRIX AD PROSEQUENDUM FOR…

Court:Superior Court of New Jersey, Appellate Division

Date published: Jan 11, 1978

Citations

155 N.J. Super. 324 (App. Div. 1978)
382 A.2d 929

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