Davis v. Devereux Foundation, ___ N.J. ___ (2012).  Under the Restatement of Agency (Second), §219(2)(c), when one has a duty to protect others and delegates that duty to an agent, such as an employee, the employer can be liable for the employee’s failure to use due care in performing the duty, even where the employer used due care in hiring, training and supervising the employee.  That result is known as a non-delegable duty.  The key question in this case was whether 

McDade v. Siazon, 208 N.J. 463 (2011).  Under the Tort Claims Act, N.J.S.A. 59:8-8(a), one who wishes to make a tort claim against a public entity must first file a notice of claim within ninety days of the accrual of the cause of action.  In this case, plaintiff, who allegedly fell on a sidewalk as a result of a raised pipe, filed notices of tort claim with various public entities, but not with the local municipal utilities authority (“MUA”), the owner of the pipe.  After pl

State v. Regis, 208 N.J. 439 (2011).  It did not take long for Justice Patterson to write her first opinion for the Supreme Court.  As is usually the case with the first opinion of any new Justice, the case was not unusually complex and the decision was unanimous.  The issue in this case was one of statutory interpretation: whether N.J.S.A. 39:4-88(b), which provides that on a roadway “divided into clearly marked lanes for traffic,” a motor vehicle “shall be driven as near