Rowe v. Mazel Thirty, LLC
209 N.J. 35
| N.J. | 2012Background
- Officer Willie Rowe injured on private premises during Safe Block patrol; stairs of a vacant, under-renovation building failed when cement broke; injury prevented police from continuing duties; owners Mazel Thirty, LLC and 40-50 Lenox Realty Associates, LLC knew of prior access and potential danger; owner had notice of unsecured basement door and prior officer visits; trial court granted summary judgment finding plaintiff knew of danger and that danger was obvious; appellate division affirmed, reversing reasoning on foreknowledge; Court reverses and remands for jury consideration.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether officer status yields duty and what standard applies | Rowe argues he was licensee not invited entrant; owner owed warning if aware of danger | Owners contend Rowe foreseen, thus no duty; presence was not foreseen and danger was obvious | Issue decided in favor of trial court reversal; status may be licensee with duty to warn; not foregone |
| whether foreknowledge defeats duty as a matter of law | Foreknowledge contested; questions of fact about awareness should go to jury | Evidence shows plaintiff saw stairs before and used handrail/flashlight; foreknowledge established | Summary judgment improper; genuine issue of material fact remains about foreknowledge |
| what duty applies to emergency responders on private property | Emergency responders deserve a duty akin to invitees given public function | Officer may be licensee; landowner duty to warn known dangers only | Officer status depends on circumstances; when licensee, duty to warn known dangers applies |
Key Cases Cited
- Ruiz v. Mero, 189 N.J. 525 (N.J. 2007) (abrogated firefighters’ rule; emergency responders may recover for injuries from others’ fault)
- Snyder v. I. Jay Realty, 30 N.J. 303 (1980s) (established invitee/licensee/trespasser framework and duty spectrum)
- Hopkins v. Fox & Lazo Realtors, 132 N.J. 426 (1993) (duty depends on status; higher for invitees, intermediate for licensees, lower for trespassers)
- Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520 (1995) (summary judgment standard and material facts inquiry)
- Handleman v. Cox, 39 N.J. 95 (1963) (premises liability for invitee/licensee distinctions; inspection duty)