FUNTOWN v. BISCAYNE ICE CREAM

DOCKET NO. A-1797-21 A-1943-21.

308 A.3d 267 (2024)

FUNTOWN PIER AMUSEMENTS, INC., Plaintiff-Respondent, v. BISCAYNE ICE CREAM AND ASUNDRIES, INC., Kohr's Ice Cream Inc., Ocean County, Barry Lathrop, d/b/a AA-Lek-Trik, John Helmstetter, d/b/a John Helmstetter Electrical Contractor, and Funtown Pier Associates, Defendants, and Jersey Central Power & Light, a/k/a First Energy, Defendant-Respondent. Delaney Enterprises, Plaintiff-Appellant, and John Sunderman, Plaintiff-Respondent, v. Funtown Pier Associates, Anthony Hansen, d/b/a Biscayne Candy, Bruce Kohr, d/b/a Kohrs Custard, First Energy Corporation, d/b/a JCP&L, Borough of Seaside Park, and County of Ocean, Defendants-Respondents. Belle Freeman Properties, LLC, Seaside Holding Co, LLC, Josephine Pascarella, d/b/a Surf & Son LLC, Tina Panas, d/b/a Berkeley Candy, Angela Cappetta, d/b/a Royal Arcade, and John E. Livingston Tax Shelter Trust, Plaintiffs-Appellants, v. Funtown Pier Associates, Anthony Hansen, d/b/a Biscayne Candy, Bruce Kohr, d/b/a Kohrs Custard, First Energy Corporation, d/b/a JCP&L, Borough of Seaside Park, and County of Ocean, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 9, 2024.


Attorney(s) appearing for the Case

Peter H. Wegener , Lakewood, argued the cause for appellant Funtown Pier Amusements, Inc. (Bathgate, Wegener & Wolf, PC, attorneys; Ryan S. Malc , of counsel and on the briefs).

Ronald S. Gasiorowski , Red Bank, argued the cause for appellants Belle Freeman Properties, Inc., Seaside Holding Co., LLC, Josephine Pascarella, d/b/a Surf & Son, LLC, Tina Panas, d/b/a Berkeley Candy, Angela Cappetta, d/b/a Royal Arcade, John E. Livingston Tax Shelter Trust, and Delaney Enterprises (Gasiorowski & Holobinko, attorneys; Ronald S. Gasiorowski , on the briefs).

Michael Thomas Kearns , New Brunswick, argued the cause for respondent Jersey Central Power & Light (Hoagland, Longo, Moran, Dunst & Doukas, LLP, attorneys; Michael Thomas Kearns, of counsel; Dawn Patricia Marino , on the briefs).

Before Judges Rose, Smith, and Perez Friscia.


The opinion of the court was delivered by

In these consolidated appeals, we consider the boundaries of an electric utility's duty to exercise reasonable care to prevent risk of harm to its customers while it worked to restore power in the aftermath of Hurricane Sandy.

Plaintiffs appeal the Law Division's January 19...

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