Wednesday, June 27, 2012
ETHEL GRAY VS. CALDWELL WOOD PRODUCTS, ET AL. A-0120-11T1
ETHEL GRAY VS. CALDWELL WOOD PRODUCTS, ET AL.
In this action, plaintiff was injured as a result of a slip and fall on ice on the sidewalk in front of defendant's vacant commercial building. In the appeal, the court considered
whether the commercial property owner owed a duty to the plaintiff. The trial court entered summary judgment in favor of defendant finding that sidewalk liability did not apply because, as a vacant building, the property was not being used at the time of the accident. In reversing, the court determined that the commercial property was subject to sidewalk liability
because the property had the capacity to generate income and did, in fact, spread the risk of loss by maintaining commercial property insurance. The court also held that defendant had a duty to remove snow and ice from sidewalks abutting its property.