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WASSERMAN v. W.R. GRACE & CO.

281 N.J. Super. 34 (1995)

656 A.2d 453

THERESA WASSERMAN AND WILLIAM T. WASSERMAN, HER HUSBAND, PLAINTIFFS-RESPONDENTS, v. W.R. GRACE & CO.; W.R. GRACE & CO. DAVISON CHEMICAL DIVISION; DAVISON CHEMICALS DIVISION, W.R. GRACE & CO. DEFENDANT-APPELLANT, AND THOMAS B. WIELICZKO, INDIVIDUALLY AND AS EMPLOYEE, AGENT, OR REPRESENTATIVE OF DAVISON CHEMICALS DIVISION, W.R. GRACE & CO.; KATHLEEN WIELICZKO; AND JOHN DOES I TO XXX (FICTITIOUS NAMES OF PERSONS OR ORGANIZATIONS MORE FULLY DESCRIBED HEREIN); JOINTLY, SEVERALLY AND IN THE ALTERNATIVE, DEFENDANTS/CROSS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided April 18, 1995.

Attorney(s) appearing for the Case

Frank A. Lattal argued the cause for appellant (Connell, Foley & Geiser, attorneys; Mr. Lattal, on the brief).

Randi S. Greenberg argued the cause for cross-appellants (Robert A. Auerbach, attorney; Ms. Greenberg, of counsel and on the brief).

William J. Cook argued the cause for respondents (Brown & Connery, attorneys; Mr. Cook, on the brief).

Before Judges BRODY, LONG and P.G. LEVY.

The opinion of the court was delivered by PAUL G. LEVY, J.A.D.

We are asked to expand the definition of a commercial premises to include the residence of a salesperson who used one room as a business office. A defective sidewalk in front of this residence allegedly caused injuries sustained by plaintiff. Plaintiff named the salesperson and his employer as defendants. We decline to expand that definition, and reverse the denial of the employer's motion for summary...

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