Id. In this case the trial court followed Manca and granted the DOT's motion for summary judgment, but the Appellate Division reversed. Rochinsky v. State, Dep't of Transp., 214 N.J. Super. 525 (1986). The court reasoned that the Legislature intended pre-existing common-law immunities to survive only to the extent they were consistent with the Act.
Petition for certification granted. (See 214 N.J. Super. 525)
At the best for plaintiff, Avino, the Totowa maintenance foreman, undertook a ministerial duty for the protection of drivers on Route 23, such as plaintiff, to "handle" the traffic safety peril on Route 23 in Wayne and failed for nearly three hours to carry it out. Plaintiff has a right of action against the State for negligence of its employee under N.J.S.A. 59:2-2(a) for her injuries suffered in the icy roadway accident. As a parallel, we held in Rochinsky v. State Dept. of Transp., 214 N.J. Super. 525 (App.Div. 1986), certif. granted 107 N.J. 124 (1987) and Paternoster v. N.J. Transp.