Summary
adopting the appellate panel's dissenting opinion finding a residential homeowner immune from liability for injuries caused on a sidewalk that traversed the homeowner's driveway because the homeowner's affirmative act did not cause the hazardous condition
Summary of this case from Cherry-Hernandez v. RibeiroOpinion
Argued February 16, 1999.
Decided March 17, 1999.
On appeal from the Superior Court, Appellate Division, whose opinion is reported at 311 N.J. Super. 183 (1998).
R. Peter Connell argued the cause for appellant ( Connell Connell, attorneys; Mr. Connell and Ronald S. Yuro, on the briefs).
Michael A. Cohan argued the cause for respondents.
The judgment of the Appellate Division is reversed, substantially for the reasons expressed in the dissenting opinion of Judge Rodriguez, reported at 311 N.J. Super. 183, 193 (1998).
Justice POLLOCK has filed a separate dissenting opinion.
I would affirm the judgment of the Appellate Division, substantially for the reasons expressed in Judge Shebell's majority opinion, reported at 311 N.J. Super. 183 (1998).