Bligen v. Jersey City Hous. Auth

In Bligen v. Jersey City Hous. Auth., 131 N.J. 124, 619 A.2d 575 (1993), plaintiff lived in a rented apartment in a complex that was owned by the Jersey City Housing Authority (JCHA). This complex was described as follows: The 7.62 acre complex has six apartment buildings and a recreation area. An entrance located at the east end provides access to an internal driveway. The semi-circular driveway, which leads out to Duncan Avenue, varies in width from eighteen to twenty-one feet and crosses the outer edge of the property. Parking spaces are perpendicular to the length of the driveway, and walkways lead from the parking spaces to the apartment buildings. 131 N.J. at 126, 619 A.2d 575. The plaintiff "slipped and fell on ice in the driveway outside of her apartment building," as she was "stepping off the curb in the parking area." Id.at 127, 619 A.2d 575. Although JCHA was a public entity, the Supreme Court concluded that, unlike other public entities, the common-law immunity for snow removal activities did not apply as its territorial jurisdiction was finite and, as a matter of common law, public housing authorities had always been subject to the same duty of care as had private landlords, Id. at 131, 133-34, 135-36, 619 A.2d 575, a result that former Justice Clifford in his dissent considered a "snow job," Id. at 139, 619 A.2d 575.