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KOZMA v. STARBUCKS COFFEE CO.

DOCKET NO. A-3908-08T3.

990 A.2d 679 (2010)

412 N.J. Super. 319

Philip KOZMA, Plaintiff-Appellant, v. STARBUCKS COFFEE COMPANY, Lionetti Enterprises, LLC, Pavers Plus Landscaping, Inc., Defendants-Respondents, and Lionetti Enterprises, LLC, Defendant/Third-Party Plaintiff, v. Pavers Plus Landscaping, Inc., Third-Party Defendant.

Superior Court of New Jersey, Appellate Division.

Decided March 19, 2010.

Attorney(s) appearing for the Case

Drazin & Warshaw, Red Bank, attorneys for appellant (John R. Connelly, Jr., on the brief).

Law Offices of John Tierney, LLC, Parsippany, attorneys for respondent Starbucks Corporation (John Tierney, on the brief).

Weston, Stierle, McFadden & Capotorto, Parsippany, attorneys for respondent Lionetti Enterprises, join in the brief of respondent Starbucks Corporation.

Campbell, Foley, Lee, Murphy & Cernigliaro, P.C., attorneys for respondent Pavers Plus Landscaping, Inc., join in the brief of respondent Starbucks Corporation.

Before Judges STERN, J.N. HARRIS, and NEWMAN.

The opinion of the court was delivered by

J.N. HARRIS, J.S.C. (temporarily assigned).

On March 2, 2005, plaintiff slipped and fell on ice outside of a Starbucks coffee shop in Matawan, allegedly suffering serious and permanent personal injuries. He proceeded to trial—utilizing a conventional theory of negligence—against the owner of the premises, Lionetti Enterprises, LLC; a maintenance contractor, Pavers...

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