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Tort Claims Act case – Alleged dangerous condition of protruding nail on boardwalk – Fall – Lis Franc fracture – Jury finds no dangerous condition and does not reach issue of palpably unreasonable conduct

Ocean County, NJ

The plaintiff contended that a nail that was protruding from the boardwalk, rendering the boardwalk dangerous, resulting in her tripping and falling. The plaintiff asserted that the defendant municipality acted in a palpably unreasonable manner.

The defendant denied that one nail out of so many that was protruding rendered the boardwalk dangerous, and also maintained that the jury should consider that it conducted daily inspections during the summer season, in which the accident occurred. The fall happened on a sunny day. The plaintiff suffered a Lis Franc fracture, and contended that because of the severe nature of the foot fracture, she will probably require future fusion surgery. The plaintiff did not produce expert liability testimony.The jury found that a dangerous condition did not exist, and a defense verdict was entered.

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