Blunt v. Klapproth

In Blunt v. Klapproth, 309 N.J.Super. 493, 507, 707 A.2d 1021 (App.Div.), certif. denied, 156 N.J. 387, 718 A.2d 1216 (1998), we questioned whether a "special relationship" exception existed in New Jersey case law. The Court observed that in Lee v. Doe, 232 N.J.Super. 569, 557 A.2d 1045 (App.Div.1989), there was a discussion of California cases that interpreted that state's version of the TCA and established the special relationship exception. Id. at 505, 707 A.2d 1021. In Blunt, the Court concluded that a special relationship exception was important to California because " 'the question of the applicability of a statutory immunity does not even arise under California law until it is determined that a defendant otherwise owes a duty of care to the plaintiff and would thus be liable in the absence of such immunity.' " Id. at 506, 707 A.2d 1021 (citing Davidson v. City of Westminster, 32 Cal.3d 197, 202, 185 Cal.Rptr. 252, 649 P.2d 894 (1982)). "Thus, in California, once the court concludes that there is no special relationship establishing a duty of care, the issue of statutory immunity need not be reached." Ibid.