This is a New Jersey Slip and fall and premises liability decision from The Superior Court of New Jersey, Appellate Division. Excerpt from Superior Court of New Jersey,Appellate Division.
Tanisha SYKES, Plaintiff-Respondent, v. RUTGERS, the STATE UNIVERSITY OF NEW JERSEY, Defendant-Appellant.Decided: February 23, 1998
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“We recognize that the Supreme Court in Bligen refused to afford common law snow-removal immunity to the defendant housing authority. In so doing, it acknowledged that “the imposition of liability on public entities responsible for the removal of snow on a network of ․ roadways could be limitless.” Bligen, supra, 131 N.J. at 133, 619 A.2d 575. However, the Court opined that the driveways and parking lots in a public housing authority, which is “a finite area from which to remove the snow do not present that problem.” Id. at 131, 619 A.2d 575. In addition, the Court distinguished the facts in Bligen from the previous snow-removal immunity cases by invoking the well-established rule that municipal landlords “have a duty to maintain the premises to prevent foreseeable injuries.” Id. at 134, 619 A.2d 575 (citations omitted).”
“Sykes argues that while the total area under Rutgers control may be larger than that of the area controlled by the housing authority in Bligen, the “internal parking lot” in which she fell is analogous to Bligen because it is a “finite, bounded area” from which to remove snow. We disagree. To us, there is nothing in Bligen to suggest that the Supreme Court intended its “finite, bounded area” characterization of the seven-acre housing authority there to allow a slip and fall plaintiff to fractionalize a 1500 acre college campus. Sykes’ argument that the scope and size of Rutgers’ Busch Campus can be ignored by focusing only on the part of the campus “dedicated to student housing” would enable slip and fall plaintiffs to effectively dissect any public entity into its constituent “finite, bounded areas” for purposes of avoiding common law snow-removal immunity. This would, in effect, destroy the common law immunity which has protected public entities against liability for their snow-removal activities for over a quarter of a century. See Miehl v. Darpino, supra. Indeed, under her reasoning, any municipality which is smaller or similar in size to Rutgers could be subjected to liability with respect to “finite, bounded areas” of hardscape supporting its public buildings.”
“We also reject Sykes’ argument that because she resided in a dormitory on the Busch campus, Rutgers had a legal responsibility to her as a municipal landlord like that imposed on the housing authority in Bligen. Classifying Rutgers as a “landlord” in order to come within the Bligen rationale ignores its role as a State University which primarily uses its campuses for scholastic activities and not housing. The Busch campus consists of over 1500 acres containing classrooms, administration buildings, athletic areas, and an ecological preserve, all of which is intersected by 139 acres of hardscape surface consisting of parking lots, roads and sidewalks. This is quite distinct from the situation in Bligen and apart from her reliance on Bligen, Sykes alludes to no authority establishing the creation of such a relationship in these circumstances. In the absence of a clearly established landlord-tenant relationship, our courts have previously rejected attempts by slip and fall plaintiffs to classify a particular public entity as akin to a commercial landlord in order to squeeze within the Bligen rationale. See e.g., Rossi v. Borough of Haddonfield, 297 N.J.Super. 494, 688 A.2d 643 (App.Div.), aff’d 152 N.J. 43, 702 A.2d 1285 (1997).”
“In sum, Rutgers is entitled to common law snow-removal immunity and summary judgment should have been granted. Brill v. Guardian Life Ins. Co., 142 N.J. 520, 536, 666 A.2d 146 (1995). Consequently, we reverse the trial court’s decision denying summary judgment and remand the matter for the entry of summary judgment in favor of Rutgers based upon the application of common law snow-removal immunity.”
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