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McCOLLEY v. EDISON CORP. CENTER

303 N.J. Super. 420 (1997)

STEVEN McCOLLEY, AN INFANT, BY HIS GUARDIAN AD LITEM, SUSAN McCOLLEY AND SUSAN McCOLLEY, INDIVIDUALLY, PLAINTIFFS-APPELLANTS, v. EDISON CORPORATION CENTER, GARDEN HOMES MANAGEMENT AND THE KAPLAN ORGANIZATION, ABC CORPORATION (A FICTITIOUS BUSINESS ENTITY), EDISON PROPERTY CORPORATION AND BANKERS TRUST, INC., DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 21, 1997.

Attorney(s) appearing for the Case

Francis E. Wilton argued the cause for appellants (Gill & Chamas, attorneys; Mr. Wilton, on the brief).

Joseph A. Gallo argued the cause for respondents Edison Corporate Center, Garden Homes Management Co. and The Kaplan Organization (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys; James C. Orr, of counsel; Mr. Orr, Mr. Gallo and Elizabeth R. Charters, on the brief).

Robert L. Lieberman argued the cause for respondent Edison Property Corporation (Margolis Edelstein, attorneys; Mr. Lieberman, on the brief).

John E. Lamastra argued the cause for respondent Bankers Trust, Inc. (Scanlon & Heim, attorneys; Mr. Lamastra, on the brief).

Before Judges PRESSLER, STERN and WECKER.

The opinion of the court was delivered by WECKER, J.S.C. (temporarily assigned).

Fourteen-year-old Steven McColley was riding a motorized bike on private property in Edison, New Jersey when he was caught by a wire cable strung two-and-one-half feet from the ground across the end of a paved roadway. The motion judge granted summary judgment to all defendants because he concluded that Steven was a trespasser to whom defendants owed no duty. We disagree. The motion judge...

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