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TOOGOOD v. ST. ANDREWS CONDO. ASS'N

313 N.J. Super. 418 (1998)

LINDA TOOGOOD, PLAINTIFF-APPELLANT, v. ST. ANDREWS AT VALLEY BROOK CONDOMINIUM ASSOCIATION, VALLEY BROOK ASSOCIATES, VALLEY BROOK HOMEOWNERS ASSOCIATION, ORLEANS PROPERTY MANAGEMENT SERVICES CORPORATION, WILLIAM BOWMAN ASSOCIATES (INCORRECTLY PLED AS BILL BOWMAN ASSOCIATES), AND ORLEANS CONSTRUCTION COMPANY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided July 1, 1998.

Attorney(s) appearing for the Case

Michael J. Weiss, argued the cause for appellant (Hockfield, Hasner, Weiss & Rosenberg, attorneys; Mr. Weiss, on the brief).

Brian T. Swift, argued the cause for respondent St. Andrews at Valley Brook Condominium Association (Jay H. Greenblatt & Associates, attorneys; Mr. Swift, on the brief).

Robert T. Zane, III, argued the cause for respondent Valley Brook Associates (Lezenby, Zane & Cure, attorneys; Mr. Zane, on the brief).

Michael S. Savett, argued the cause for respondent Valley Brook Homeowners Association (Budd, Larner, Gross, Rosenbaum, Greenberg & Sade, attorneys; Virginia A. Pallotto and Mr. Savett, on the brief).

Marilou Lombardi, argued the cause for respondent Orleans Property Management Services Corporation and Orleans Construction Company (George A. Prutting, Jr., attorney; Ms. Lombardi and Anthony M. D'Angelis, on the brief).

Faith S. Steinberg, argued the cause for respondent William Bowman Associates (Moira J. Poper, attorney; Ms. Steinberg, on the brief).

Before Judges KING, CUFF and FALL.

The opinion of the court was delivered by CUFF, J.A.D.

Plaintiff Linda Toogood fell while rollerblading on a road within a residential condominium development. She appeals from the entry of summary judgment in favor of all defendants on the basis that they are immune from liability pursuant to the terms of the Landowners' Liability Act (Act), N.J.S.A. 2A:42A-2 to -10. We reverse.

At about 3 p.m. on Sunday, July 12, 1992, plaintiff was rollerblading...

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