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ROMAN v. CITY OF PLAINFIELD

909 A.2d 760 (2006)

388 N.J. Super. 527

Beverly ROMAN, Plaintiff-Appellant, v. CITY OF PLAINFIELD and Louis A. Tenorio, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided November 6, 2006.

Attorney(s) appearing for the Case

Vincent Jesuele, Westfield, argued the cause for appellant (Kessler, DiGiovanni & Jesuele, attorneys; Mr. Jesuele, on the brief).

Mark R. Peck argued the cause for respondent (Florio, Perrucci, Steinhardt & Fader, attorneys; Mr. Peck, on the brief).

Before Judges STERN, COLLESTER and BAXTER.

The opinion of the Court was delivered by

BAXTER, J.S.C. (temporarily assigned).

Plaintiff Beverly Roman appeals from the grant of the defendant City of Plainfield's ("the City") motion for involuntary dismissal at the conclusion of plaintiff's case.

Plaintiff was injured on February 16, 2002, when she tripped and fell on a sidewalk slab which was two inches higher than the abutting slab, due to the roots from an adjacent City-owned maple tree which...

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