A New York State Court has granted defendants’ motions for summary judgment in a slip and fall case after application of the “ongoing storm” or “storm-in-progress” doctrine. The Court held that property owners, tenants-in-possession, and snow removal contractors are not liable for accidents caused by snow or ice that accumulates during a storm until a reasonable amount of time has passed following the cessation of the storm. Further, the Court held that a brief “lull” in the severity of a continuing storm does not impose a duty to remove the snow and ice until the storm ceases in its entirety.
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Monthly Archives December 2022
NJ Appellate Court Reiterates That the Existence of a Duty of Care Is a Question of Law for the Court
A New Jersey Appellate Court has again reversed a lower court’s denial of a defendant’s summary judgment motion in a personal injury negligence case because the trial court mistakenly decided that genuine issues of material fact needed to be determined by the jury as to whether defendant owed plaintiff a duty of care. Reiterating well-established New Jersey case law, the Court held that the determination of whether a duty is owed is a question of law that needs to be decided by the judge, not a jury at trial. In Rivera v. Cherry Hill Towers, plaintiff filed suit against Cherry
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Social Host and Pool Party Guest Not Negligent in Drowning Death of Voluntarily Intoxicated Adult
A New Jersey Appellate Court reversed the denial of summary judgment to defendants in a wrongful death case involving the accidental death of an intoxicated man at a residential pool party. In Delvalle v. Trino, a visibly intoxicated 26-year-old man drowned after jumping into a pool with a friend at a birthday party. While efforts were made to rescue him, resuscitation was ultimately unsuccessful. His parents, individually and as administrators of their son’s estate, filed suit against the owners of the home and their son (the “Trinos”), as well as several party attendees, including Kevin Garcia (“Garcia”) for negligence, intentional
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