GMR Partner Brandon Cohen and Associate Attorney Camryn Downes successfully prevailed on a motion for summary judgment on liability, dismissing all claims and counterclaims against their client in a multi-defendant Middlesex, New Jersey slip-and-fall lawsuit.
GMR’s attorneys represented the owner of a condominium unit in a commercial condominium complex. While working for the tenant of the unit, the Plaintiff slipped and fell on snow/ice in the parking lot and subsequently sued GMR’s client, the condominium complex owner, the property manager, and the landscaper responsible for snow/ice removal.
The defense team utilized the Condominium Master Deed and By Laws to establish that the parking lot was considered a “common area” for which the property owner, property manager, and/or the landscaper was responsible. Brandon and Camryn argued that their client did not owe Plaintiff a duty of care because it did not have control over or maintenance responsibilities for the common areas and had no contractual obligation to maintain them. Despite Plaintiff’s and Co-Defendants’ allegations of negligence against GMR’s client, Brandon and Camryn argued for their client’s dismissal on liability.
The Court agreed with Brandon and Camryn’s arguments, granting summary judgment on the basis that the condominium unit owner did not owe Plaintiff a duty where there was no relationship between the parties, the Plaintiff was not present on the property on behalf of/at the direction of the owner, and the fall occurred in a common area situated a significant distance from the unit.
In addition, summary judgment was appropriate because the Master Deed/By-Laws place responsibility for common area maintenance on the condominium complex owner, the property manager, and/or the landscaper responsible for snow/ice removal.
