Anthony Guidice and Anthony Perchiacca of our New Jersey office have successfully obtained a dismissal of our client, the owner of a restaurant. Plaintiff tripped and fell on a pothole as she crossed a public roadway from a parking lot used by the restaurant’s patrons. The lawsuit named the owner of the road, the restaurant, the landlord and an adjoining landowner. Although plaintiff argued that the restaurant was liable for the injuries sustained because the parking lot was used by its patrons, the Court held that the restaurant could not be liable for the condition of the road. The court distinguished several earlier cases because the plaintiff here did not use the cross walk and the restaurant did not own the parking lot. In granting summary judgment, the Court also noted that the fall occurred on a public road rather than an adjacent sideway. Despite strong arguments in opposition by plaintiff’s counsel, the court dismissed our client from the case.
