This is an action for personal injuries against public entities arising out of a motor vehicle accident which occurred at about 7:15 P.M., January 29, 1973, on Springdale Road in Cherry Hill Township, Camden County. The court entered summary judgment in behalf of both defendants, relying on Amelchenko v. Freehold Borough , 42 N.J. 541 (1964), and N.J.S.A. 59:4-7. Plaintiff appeals from this determination.
Inasmuch as the matter is before us on appeal from a grant of summary judgment, we accept as true all facts appearing in the record and reasonable inferences drawn therefrom in the light most favorable to plaintiff. Judson v. Peoples Bank & Trust Co. of Westfield , 17 N.J. 67 (1954).
The facts are not really in dispute. On January 29, 1973, at about 7:15 P.M., on a very cold night, plaintiff, a 29-year-old woman, was driving on Springdale Road, a dimly lit county road in Cherry Hill Township. She was returning home from a dance class, having traveled this route on her way to class. She described the road as having ice in spots. It had been raining during the day, and apparently there was a substantial temperature drop during the evening hours. While proceeding on this road she saw a patch of ice and her car began to skid out of control across a narrow bridge, hitting another car head-on. Her speed at the time was about 30 miles an hour in a 50 mile per hour zone. She was seriously injured.
The township engineer, by way of deposition, indicated he had no supervisory duties over county roads. Upon receiving a complaint concerning a county road, the township employees were instructed to take the complaint and advise the complainer that the matter should be brought to the county's attention. If it was felt necessary, the township might notify the county. The county engineer of roads testified that the county maintains an answering service for calls received after working hours.
Another county employee testified by way of deposition that the county was divided into three sections, with a supervisor
in charge of each section. Upon receipt of complaints the supervisor would call the county truck drivers by radio. He also stated that it was common for the police to call in complaints.
By way of affidavit, Officer Francis G. Herbst of the Cherry Hill Township Police averred that:
In opposing the motions for summary judgment appellant's attorney also submitted an affidavit which alleged an inspection of the site of the accident, made after the accident, revealing the fact that
Testimony will be offered at the time of the trial of the within cause to the effect that when vehicles travel generally West on this roadway and their tires come in contact with the water which has overrun the roadway thereat, there is a tendency for spray to be created over the entire surface of the roadway, and, as a result, a very slippery condition did ensue.
The affidavit also alleged that the files of the Cherry Hill Township Police contained reports relating to other accidents having ...