No. 08-4834.

598 F.3d 115 (2010)

Walter HOLMES; Lisa Holmes, Husband and Wife, Appellants v. KIMCO REALTY CORPORATION; and Lowe's Home Center Incorporated, a corporation of the State of North Carolina, Authorized to do business in New Jersey; Defendant/Third Party Plaintiff, v. Price Legacy Corporation, as landlord successor by merger to Price Enterprises, Inc., a Maryland Corporation, Third Party Defendant/Forth Party Plaintiff, v. David Flack, doing business as Bountiful Acres; General Casualty Insurance Companies, Fourth Party Defendants.

United States Court of Appeals, Third Circuit.

Filed: March 17, 2010.

Attorney(s) appearing for the Case

Robert G. Devine (Argued) White & Williams, Cherry Hill, NJ, Attorneys for Appellees Kimco Realty Corp. and Lowe's Home Ctr., Inc.

Benjamin Goldstein (Argued) Stanley N. Drinkwater, Drinkwater & Goldstein, Atco, NJ, Attorneys for Appellants Walter Holmes and Lisa Holmes.

F. Herbert Owens, III, Sweeney & Sheehan, Westmont, NJ, Attorneys for Third Party-Appellee Price Legacy Corp.

Mauro C. Casci, Law Offices of Mauro C. Casci, Leonardo, NJ, Attorneys for Not Party-Appellee David Flack, DBA Bountiful Acres.

Before: FISHER, HARDIMAN and VAN ANTWERPEN, Circuit Judges.


HARDIMAN, Circuit Judge.

This diversity action requires us to predict whether the State of New Jersey would impose a common law duty on a tenant in a multi-tenant shopping center to maintain the parking lot owned by the landlord.


On January 20, 2005, Walter Holmes drove to a shopping center near Route 73 in Maple Shade, New Jersey (the Shopping Center), consisting of a parking lot and several businesses in stand...

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