Seals v. County of Morris, A-84/85 September Term 2010; Supreme Court; opinion by Albin, J.; decided May 14, 2012. On appeal from the Appellate Division, 417 N.J. Super. 74 (App. Div. 2010). [Sat below: Judges Fisher, Sapp-Peterson and Espinosa in the Appellate Division; Judge Deanne Wilson in the Law Division.] DDS No. 36-1-6278 [39 pp.]
Plaintiff John Seals crashed into an electric utility pole owned by defendant Jersey Central Power & Light and its parent company First Energy Corporation. The pole was located on private property a few feet off a road maintained by defendant Morris County in Washington Township. JCP&L installed the pole sometime in 1937 or earlier without seeking approval from the county. Three vehicles have struck it and four other accidents have occurred in the immediate vicinity. Plaintiff claims that JCP&L is liable for negligently placing the pole in a dangerous location where it was foreseeable that a vehicle would veer off the road and that the county is liable for its negligence in not having it removed.
