Yiping Xing was involved in a multi-car collision that was caused by icy road conditions.  After exiting his car, Xing was injured after falling thirty feet from the elevated roadway, apparently while trying to get out of the way of another oncoming car.

The New Jersey Department of Transportation and New Jersey State Police moved for summary judgment based on the weather immunity conferred by the Torts Claims Act which extends immunity to public entities for injuries caused solely by the effects of weather conditions on a roadway.  Xing opposed the motion, arguing that his injuries resulted from dangerous conditions caused by other vehicles, in combination with the defendants’ failure to warn and, as such, weather immunity provision did not bar the claim.  The trial court agreed with Xing and denied the motion for summary judgment.

On appeal, the defendants argued that the weather immunity statute applied since all cars involved in the collision skidded on the roadway and crashed into each other because of any icy accumulation. Accordingly, they took the position that Xing’s accident was solely caused by the weather.  The appellate court agreed and granted summary judgment to the defendants.

Thanks to Heather Aquino for her contribution to this post. For more information, please contact Nicole Y. Brown at .