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LODATO v. EVESHAM TP.

909 A.2d 745 (2006)

Robert LODATO, Plaintiff-Appellant, v. EVESHAM TOWNSHIP, Shade Tree Commission of Evesham Township, Stephen and Tana Baughn, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 1, 2006.

Attorney(s) appearing for the Case

Stephen M. Tatonetti, Camden, argued the cause for appellant (DuBois, Sheehan, Hamilton & Levin, attorneys; Mr. Tatonetti, on the brief).

Michelle L. Corea, Mt. Laurel, argued the cause for respondents Evesham Township and Shade Tree Commission of Evesham Township (Capehart & Scatchard, attorneys; Ms. Corea, on the brief).

William L. Lundgren, III, Cherry Hill, argued the cause for respondents Stephen and Tana Baughn (Green, Lundgren & Ryan, attorneys; Mr. Lundgren on the brief).

Before Judges LINTNER, S.L. REISNER and C.L. MINIMAN.

The opinion of the court was delivered by

LINTNER, J.A.D.

Plaintiff, Robert Lodato, tripped and fell over a sidewalk slab raised by a tree root, fracturing the medial malleolus of his left ankle. He instituted a personal injury suit against defendants Stephen and Tana Baughn (the Baughns), owners of the residence in front of which he fell, Evesham Township (the Township), and the Shade Tree Advisory Commission of Evesham Township.1

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