57 A.3d 11
N.J. Super. Ct. App. Div.2012Background
- Marrazzo’s Market at Robbinsville is a tenant in The Shoppes at Foxmoor, a multi-tenant center leased from Foxmoor Associates/Pettinaro.
- Plaintiff Arlene Kandrac was injured February 28, 2007, in the shopping center parking area after leaving Marrazzo’s, near a crosswalk and a roadway separating stores from parking.
- The fall occurred about two feet from the crosswalk in a parking-lot area that connected to the center’s common areas; there was no rain or ice.
- The lease required the landlord to maintain the common areas, including sidewalks, parking and driveways, and to resurface and restripe as reasonably necessary.
- Sweeney (landlord’s site manager) testified tenants had no responsibility to repair the parking lot; the landlord handled repairs and inspections; the failure to maintain assertions centered on the landlord’s duties under the lease.
- The trial court granted summary judgment to Marrazzo’s, relying on Holmes v. Kimco Realty Corp. to conclude tenants generally owe no duty for injuries in common areas when they lack control or contractual obligation over those areas.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Marrazzo’s owed a duty to Kandrac to maintain the parking area for invitees. | Kandrac argues Marrazzo’s must ensure safe ingress/egress to the parking lot. | Marrazzo’s argues no duty, as it lacks control/obligation over the common parking area in a multi-tenant center. | No duty; decision upholding summary judgment for Marrazzo’s. |
| Did the injury occur in a location where Marrazzo’s had ingress/egress responsibility or could reasonably remedy hazards? | Injury occurred along the route patrons would use to reach the parking area from the store. | Injury did not occur on a Marrazzo’s controlled area or along a defined ingress/egress route. | Injury not in Marrazzo’s control or close enough to the store to impose a duty. |
Key Cases Cited
- Hopkins v. Fox & Lazo Realtors, 132 N.J. 426 (1993) (duty-analysis framework for recognizing a duty of care)
- Stewart v. 104 Wallace St., Inc., 87 N.J. 146 (1981) (commercial property duty to maintain abutting sidewalks based on policy factors)
- Warrington v. Bird, 204 N.J. Super. 611 (App.Div.1985) (duty extending to parking lots across a roadway if reasonably remediable)
- Barrows v. Trs. of Princeton Univ., 244 N.J. Super. 144 (Law Div.1990) (tenants in multi-tenant centers—allocation of responsibility matters)
- Monaco v. Hartz Mt. Corp., 178 N.J. 401 (2004) (limits extending duty to conditions not on owner’s property; depends on control and power to remedy)