Idelisa Perez v. Calixto Leon
A-2582-23
N.J. Super. Ct. App. Div.Jan 7, 2025Background
- Idelisa Perez slipped and fell on a snowy and icy public sidewalk adjacent to residential property owned by Calixto and Claudina Leon in West New York, NJ in February 2019.
- Perez alleged the owners negligently failed to clear the snow and ice and that a 25-year-old sidewalk replacement created a hazardous condition (excessive slope).
- The Leons had owned the property since 1972 and last replaced the sidewalk between 1987–1998; no repair records existed.
- Perez filed a personal injury suit and relied on an expert report to support her claims about the sidewalk's construction and maintenance.
- The trial court granted summary judgment for the Leons, rejecting Perez’s expert report as a net opinion and finding the Leons immune from liability; Perez appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sidewalk Immunity (Residential Owner) | Leons created a dangerous condition via reconstruction | Residential owners have immunity absent affirmative act | Leons immune unless affirmative act caused new hazard |
| Snow/Ice Clearing Duty | Leons failed to clear snow/ice, violating ordinance | No common-law/ordinance-based duty for residents | No duty without affirmative creation of additional hazard |
| Expert Opinion (Net Opinion Rule) | Expert report shows Leons’ actions caused hazard | Expert’s opinion speculative, lacks sufficient basis | Expert’s report is a net opinion, properly barred |
| Summary Judgment | Disputed factual issues preclude summary judgment | No genuine factual dispute or liability | Summary judgment for Leons was proper |
Key Cases Cited
- Stewart v. 104 Wallace Street, Inc., 87 N.J. 146 (1981) (Residential property owners generally immune from sidewalk liability unless they caused a new hazard)
- Luchejko v. City of Hoboken, 207 N.J. 191 (2011) (Residential owners have no common-law duty to clear snow/ice from public sidewalks)
- Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520 (1995) (Standard for summary judgment in NJ)
- Ellis v. Hilton United Methodist Church, 455 N.J. Super. 33 (2018) (Distinguishing sidewalk liability for residential vs. commercial owners)
- Deberjeois v. Schneider, 254 N.J. Super. 694 (Immunity lost only when owner affirmatively creates hazard on sidewalk)