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Schwartz v. Jordan

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NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued February 14, 2001

Following a three-day liability trial, the jury concluded that, although Plainsboro Township*fn1 had created a dangerous condition of which it had notice and which was a proximate cause of plaintiff’s personal injury, the Township’s action and/or inaction with respect to remedying the condition was not palpably unreasonable. On appeal plaintiff raises several contentions, only one of which we need address as our consideration as to that issue leads us to conclude a reversal and new trial is required. That issue concerns the trial judge’s exclusion of evidence of the motivating force behind the Township’s remedial efforts, that is, prior accidents in the general vicinity of plaintiff’s accident, which had caused serious injury and death. We are convinced under the particular circumstances that the evidence was highly relevant to the only real issue in contention, whether the Township was palpably unreasonable in its efforts to remedy the dangerous condition which the jury concluded was a proximate cause of plaintiff’s injury. We are further convinced the exclusion of this evidence cannot be considered harmless error.

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