Wawa is associated with cases in NJ, too. The New Jersey Appellate Division dealt with two consolidated cases involving motorists who illegally crossed over the double-yellow lines to get to a Wawa and, in doing so, injured or killed motorcyclists. In each instance, the injured party or his estate sued Wawa and the State of New Jersey, claiming that the design of the highway and the driveway to the Wawa caused the crashes. The trial court granted summary judgment in favor of the defendants because Wawa did not owe a duty of care to the injured parties, and the State is immune from plaintiffs’ claims under the Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 13-10. The Appellate Division affirmed. It held that Wawa owed no duty to the plaintiffs because their injuries did not occur on Wawa’s premises but rather happened on the public highway. The Court further held that the State is not subject to liability due to a dangerous condition of its property created by the driveway entrances.
