State transportation officials who declined to fund a new pedestrian walkway over a southern New Jersey highway cannot be held responsible for a 2003 accident that killed a boy and injured his younger brother, a state appellate court has ruled.
The two-judge panel rejected a wrongful death lawsuit brought by the boys’ mother.
She claimed the officials were negligent for not rebuilding the walkway above Route 38 in Cherry Hill after a garbage truck brought it down in 1999.
In their ruling, the judges found the defendants had legal immunity.
The judges also found the 12- and 13-year-old boys – who didn’t cross at a light and were hit by a vehicle as they tried to run across the busy six-lane highway – were responsible for the accident.
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