In two recent unpublished opinions, the Appellate Division imposed liability on JCP&L (Jersey Central Power and Light) for failing to properly maintain streetlights. Under two different fact patterns arising in Point Pleasant, New Jersey, the Appellate Division held that JCP&L had a duty to properly maintain overhead street lighting and could be held negligently responsible by the injured plaintiffs in each case.

In Anderson v. Davoren, the plaintiff was injured when she was struck by a motor vehicle while crossing a street in Point Pleasant. The driver of the vehicle was traveling the speed limit and claimed that he did not see the pedestrian in the crosswalk. It was undisputed that the street light in the area was not operable and both parties claimed that the insufficient lighting led to the accident. In Press v. Point Pleasant, the plaintiff was injured when she tripped and fell over a parking space barrier. Once again the overhead light was inoperable and the plaintiff claimed that it was the insufficient lighting that caused her to fall.

Under the facts presented, the court held that JCP&L, which entered into an agreement with Point Pleasant to repair and maintain public lighting, also had a duty to members of the public using the public way. Because it is reasonably foreseeable that members of the public would utilize the areas, the utility owed a duty to properly maintain the public lighting and could be held responsible where the failed lighting led to the occurrence of an incident giving rise to an injury.

These two cases are perfect examples of good lawyers establishing liability against an entity with "deep pockets" where there may not have been a sufficient case against a primary tortfeasor. For instance there may be situations where the primary tortfeasor was protected by some type of
immunity or had insufficient insurance coverage to properly compensate the plaintiff.