GMR Partner Robert P. Stein and Senior Associate Attorney Christopher A. Scott successfully obtained summary judgment, dismissing their client as a defendant in a premises liability case involving a multi-tenant commercial property in Gloucester County, New Jersey.
In this matter, a woman alleged she was caused to slip and fall on an exterior walkway due to ice while visiting the property to deliver a rental payment. Plaintiff argued that the walkway was dangerous because of the hazardous condition, and that the property owners, individual tenants, and the landscaping company were all liable for the condition.
GMR argued that the area where Plaintiff fell was not the responsibility of their client, one of the tenants, as it was a common area walkway that was the responsibility of the property owner and landscaping company. Further, Plaintiff was not on the premises for any purpose related to the GMR client and thus, there was no duty owed to Plaintiff as a business invitee. They argued Plaintiff could not show the GMR client had any duty of care owed to Plaintiff and as a result was unable to prove a case of negligence against the GMR client.
The Court granted GMR’s motion for summary judgment, agreeing with the argument that GMR’s client owed no duty and was not liable in any way with regards to Plaintiff’s fall and subsequent injuries.
