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NIELSEN v. WAL-MART STORE NO. 2171

Docket No. A-2790-11T1

57 A.3d 1121 (2013)

429 N.J. Super. 251

William NIELSEN and Debra Nielsen, Plaintiffs-Respondents, v. WAL-MART STORE #2171, Defendant-Appellant, and Nassau Shopping Center Condominium Association, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided January 11, 2013.

Attorney(s) appearing for the Case

Patrick J. McDonnell , Summit, argued the cause for appellant (McDonnell & Associates, attorneys; Mr. McDonnell and Lindsey S. Forshay , Cherry Hill, on the brief).

David T. Wheaton , Edison, argued the cause for respondents ( Levinson Axelrod , attorneys; Mr. Wheaton , on the brief).

Before Judges FISHER, ALVAREZ and ST. JOHN.

The opinion of the court was delivered by

FISHER, P.J.A.D.

In this appeal, defendant Walmart Store #2171 — the owner of a unit in a multi-unit commercial condominium developed by defendant Nassau Shopping Center Condominium Association (the developer) — argues it had no duty to warn its independent contractor's employee of a hazardous condition in an area that the developer was contractually bound to repair and maintain. Because the particular...

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