ETHEL
GRAY VS. CALDWELL WOOD PRODUCTS, ET AL.
A-0120-11T1
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.
05-07-12
