Deberjeois v. Schneider, 260 N.J.Super. 518, 617 A.2d 265 (App. Div. 1992)
Practice Areas: General Liability
Pedestrian who was injured when she fell on raised sidewalk slab brought action against property owners and others. Property owners filed motion for summary judgment. The Superior Court, Law Division, Union County, Menza, J.S.C., held that: (1) municipality’s shade tree ordinance was inapplicable to preclude liability on part of property owners for sidewalk defect caused by tree roots coming from tree located in front yard of property, and (2) defect was “artificial condition,” and therefore landowner could be held liable for condition.