Juries, not judges, should decide if a public entity’s acts are ministerial in nature and thus subject to the ordinary-negligence standard for tort liability, a state appeals court ruled on Monday.
The Appellate Division, in Henebema v. South Jersey Transportation Authority, A-3723-10, overturned a verdict in a Tort Claims Act case where the judge usurped the jury’s function. The panel preserved the award of damages but remanded for a new trial on liability.
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