John Seals and Julia Seals v.County of Morris
(067441; A-84/85-10)
Neither Contey nor N.J.S.A. 48:3-17.1 confers immunity on the utility for its negligence, if any, in placing the electric pole. If a governmental entity directs a utility where to place a pole – as in Contey – the utility is immune from liability. When there is no governmental dictate, ordinary negligence standards apply. A utility will be liable if it places or maintains an electric pole where there is an unreasonable and unnecessary danger to travelers upon the highway. Whether the County is entitled to TCA immunity must be remanded for further proceedings. 5-14-12
