Tag: storm in progress
Summary Judgment Dismissal Affirmed Based Upon Storm In Progress Doctrine
Plaintiff Glenn Weidlich slipped and fell outside the front door of his condominium unit due to ice on the landing and fell down the stairs. He sued the defendants, 313-319 First Street Condo Association Inc. and Clinton Hill Condo Association, among other defendants, claiming that they were negligent due to the unsafe condition of the […]
Court Rules That Commercial Landowner Has No Duty to Pre-treat Commercial Sidewalks Despite Actual or Constructive Knowledge of an Impending Storm
Defendant Hillside Estates, Inc. owned and managed Winding Woods Apartments in Sayreville, New Jersey. Plaintiff, Hsi Rung Niu-Wang, was a tenant in the complex. After plaintiff left her apartment to go to work, she walked towards her car and fell on black ice in the parking lot. The issue in Niu-Wang v. Hillside Estates, 2024 […]
Personal Injury Claim Resulting From Fall on Snow and Ice Barred by Ongoing Storm Rule
Plaintiff Joseph Devaney was working as a security guard for G4S at facilities owned by defendant Chemours Company. On the day of the accident, there was a winter storm with light snow, sleet, and freezing rain. During the course of plaintiff’s inspection of the premises, he slipped and fell, suffering injuries. The issue in Devaney […]
Commercial Landowner Found Not Entitled to Summary Judgment for Fall on Ice Based Upon Exception to Ongoing Storm Rule
Plaintiff Adel Hanna fell in the parking lot of the Woodland condominium complex on January 7, 2017, slipping on snow and ice in an unplowed parking lot. The issue in Hanna v. Woodland Community Association, 2022 N.J. Super. Unpub. LEXIS 2180 (App. Div. Nov. 17, 2022) was whether the defendant owner and property manager were […]
New Jersey Supreme Court Adopts “Ongoing Storm” Rule with Limited Exceptions
In a June 10, 2021 opinion written in Pareja v. Princeton International Properties, Inc., 2021 N.J. LEXIS 549 (2021), the New Jersey Supreme Court adopted the “Ongoing Storm” Rule, which should be very useful to the defense bar in pursuing Summary Judgment as to claims arising out of slip and fall events that take place […]
Appellate Division Rejects Ongoing Storm Rule in Second Decision
Plaintiff Josselyn Berniz (“Berniz”) worked as a housekeeper for defendants Jeffrey and Aisha Atkins. After cleaning their home, while leaving, she fell on their snow covered driveway. It was still snowing when she left the defendants’ home. The issue in Berniz v. Atkins, 2020 N.J. Super. Unpub. LEXIS 1900 (App. Div. Oct. 8, 2020) was […]
New Jersey Appellate Division Rejects Storm In Progress Defense
In a published decision involving a slip and fall accident on a public sidewalk due to black ice, the Appellate Division rejected the ongoing-storm rule as a defense (aka the Storm in Progress rule). Instead, in Pareja v. Princeton International Properties, 2020 N.J. Super. LEXIS 41 (App. Div. Apr. 9, 2020), the Court held that […]
Landlord Found Not Liable to Injured Tenant Who Fell on Ice During Storm
Plaintiff, Samir Abdalla, alleged that he slipped and fell on an icy walkway in his apartment complex and suffered a fractured radius in his left arm. He sued his landlord Threegees t/a Monaco Arms, Inc., claiming that the defendant was negligent in failing to clear ice on the sidewalk in the apartment complex. The issue […]
Snow In Progress Defense Upheld By the Appellate Division
Plaintiff, Janet Dixon, while leaving work, slipped and fell on a sidewalk due to snow and ice. It was undisputed that she fell during a snow storm. In Dixon v. HC Equities Associates, 2019 N.J. Super. Unpub. LEXIS 1005 (App. Div. May 2, 2019), the issue was whether the defendant property owner was liable due […]
Retailer Found Not Liable for Fall in Parking Lot Due to Snow and Ice Based Upon Ongoing Snowstorm
Plaintiff Folusho Oyebola fell in the Walmart parking lot during a snowstorm and sued Wal-Mart Stores, Inc. and Tree Fellas, LLC, Walmart’s snow contractor, for her injuries. In Oyebola v. Wal-Mart Stores, Inc., 2019 N.J. Super. Unpub. LEXIS 432 (App. Div. Feb. 25, 2019), the issue was whether either defendant breached a duty of care […]
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