Meier v. D'AMBOSE
17 A.3d 271
| N.J. Super. Ct. App. Div. | 2011Background
- Landlord-owner Pasquale D'Ambose owned a single-family Neptune City home rented to Ciccone and never inspected the furnace for eight years, aside from one repair; the furnace was visible from a crawl space but access did not require entering the space; Ciccone’s lease obligated landlord to repair, maintain, and allow access for inspections; municipality performed an initial inspection and issued a certificate of occupancy at lease inception; Ciccone died from smoke inhalation when a fire originated in the crawl space and was potentially related to a deteriorated flue connector; plaintiff retained an expert who attributed the fire to an extensively degraded flue connector indicating lack of periodic maintenance and inspection
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether landlord owed a duty to maintain and inspect the furnace | Meier argues landlord had duty to maintain/inspect to prevent hazard | D'Ambose contends no duty to inspect absent notice under Patton/Szeles | Yes, landlord had duty to maintain/inspect |
| Whether periodic inspections were required beyond initial municipal inspection | Maintenance/inspection required to prevent unreasonable risk per Restatement §358 | No duty beyond notice or standard repairs | Duty to inspect periodically imposed on landlord |
| Whether summary judgment was appropriate given disputed facts | Record shows material issues about maintenance duty and inspections | Record lacked evidence of breach for summary judgment | Remanded for trial (summary judgment improper) |
Key Cases Cited
- Patton v. Texas Co., 13 N.J. Super. 42 (App.Div. 1951) (landlord not liable where not contracted to repair; exclusive possession by tenant)
- Szeles v. Vena, 321 N.J. Super. 601 (App.Div. 1999) (no duty where landlord unaware of condition at lease inception and tenant exclusive possessor)
- Reyes v. Egner, 404 N.J. Super. 433 (App.Div. 2009) (duty to discover/repair dangerous condition in short-term rental; Restatement § 358 applied)
- Hopkins v. Fox & Lazo Realtors, 132 N.J. 426 (1993) (landlord has non-delegable duty to avoid hazardous conditions; public policy concerns)
- Acuna v. Turkish, 192 N.J. 399 (2007) (duty of care grounded in general negligence principles; decision on duty factors)