Hambright v. Yglesias, 200 N.J.Super. 392, 491 A.2d 768 (App. Div. 1985)

Practice Areas: General Liability

Pedestrian who slipped and fell on sidewalk brought action against owner of nonowner-occupied two-family house abutting sidewalk. The Superior Court, Law Division, Essex County, entered judgment on jury verdict finding owner 95% negligent and pedestrian 5% negligent. Owner appealed. The Superior Court, Appellate Division, Bilder, J.A.D., held that: (1) nonowner-occupied two- family house, which was owned and operated by owner as a business venture, was a “commercial property” so as to impose on owner a duty to remove snow or ice or reduce risk from snow or ice on abutting sidewalk under appropriate circumstances, and (2) evidence presented question for jury as to whether pedestrian was contributorily negligent for deciding to go forward on sidewalk.

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