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CRAGGAN v. IKEA USA

752 A.2d 819 (2000)

332 N.J. Super. 53

John CRAGGAN, Jr., Plaintiff-Appellant/Cross-Respondent, v. IKEA USA, Defendant-Respondent/Third-Party Plaintiff/Cross-Appellant. Ultimate Services, Inc. Defendant-Respondent, v. Reliance National Indemnity Company, Third-Party Defendant-Respondent, and Alexander & Alexander of California, Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided June 15, 2000.

Attorney(s) appearing for the Case

Baer, Arbeiter, Ploshnick, Tanenbaum & Weiss, Metuchen, for plaintiff-appellant/cross-respondent John Craggan, Jr. (Steven M. Tanenbaum, on the brief).

Fitzpatrick, Reilly, Supple & Gaul, New Providnce, for defendant-respondent/third-party plaintiff/cross-appellant IKEA USA (Joseph A. Campbell, Jr., on the brief).

Parker & Wolfson, Flemington, for third-party defendant-respondent Reliance National Indemnity Company (John R. Parker, of counsel and on the brief).

Chapman, Henkoff, Kessler, Peduto & Saffer, Roseland, for defendant-respondent Ultimate Services, Inc. (Isaac Henkoff, of counsel and on the brief).

Before Judges CUFF and LESEMANN.

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

Following two days of trial, plaintiff's claim against defendants IKEA USA (IKEA) and Ultimate Services, Inc. (USI), IKEA's janitorial service, was dismissed at the close of plaintiff's case. The trial judge found that plaintiff had failed to submit any evidence of actual or constructive notice of the condition which caused his fall. At the same time, the trial judge ruled in favor of Craggan Trucking, Inc.'s...

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