In a case argued Monday, the state Supreme Court is considering whether county and local governments can be held liable for not fixing potholes they might not know about, or for not having detection systems in place to spot them.
The case, Polzo v. County of Essex, A-74/75-10, brought by the family of a bicyclist who died of head injuries suffered on an Essex County road, has twice has been dismissed at the trial level. It reached the Court in 2008 and was remanded for fact-finding on whether the county had constructive notice of a potential hazard — a requirement for meeting the Tort Claims Act threshold.
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