SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

Suzanne K. Ogborne v. Mercer Cemetery Corp. (A-66/67-07)

Submitted October 6, 2008 -- Decided January 29, 2009

WALLACE, Jr., J., writing for a unanimous Court.

In this appeal, the Court must decide whether, under the Tort Claims Act (Act), N.J.S.A. 59:1-1 to 12-3, the conduct of a public entity and its employee should be governed by the general rule of vicarious liability set forth in N.J.S.A. 59:2-2, or under public entity liability with regard to the dangerous condition of public property set forth in N.J.S.A. 59:4-2.