DEBERJEOIS v. SCHNEIDER


254 N.J. Super. 694 (1991)

604 A.2d 210

HELEN DEBERJEOIS AND HERBERT DEBERJEOIS, PLAINTIFFS, v. WILLIAM SCHNEIDER AND MARIE SCHNEIDER, CITY OF LINDEN, CITY OF LINDEN SHADE TREE COMMISSION, UNION COUNTY AND UNION COUNTY SHADE TREE COMMISSION, DEFENDANTS.

Superior Court of New Jersey, Law Division Union County.

Decided April 19, 1991.


Attorney(s) appearing for the Case

James A. Shafranski (Lutz, Shafranski, Gorman, Mahoney, P.A.), for plaintiffs.

Edward L. Thornton (Methfessel & Werbel, Esqs.), for defendants, Schneider.

Daniel S. Swinton (Bumgardner, Hardin & Ellis, P.A.), for defendants, City of Linden and City of Linden Shade Tree Commission.


MENZA, J.S.C.

The defendant Schneider, moves for summary judgment.

The question presented is whether a property owner is liable to a pedestrian who falls on a defective sidewalk where the defect is caused by tree roots coming from a tree located in the front yard of the property.

This question is unique and has not heretofore been addressed by the courts of this State.

The plaintiff was injured when she fell on a raised sidewalk slab caused...

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