Gordon Rees Scully Mansukhani Partner Michael V. Slivjak and Associate Deanne J. Lowden successfully moved for summary judgment on all claims against their client. This site improvement contractor had installed parking lots, Belgian block curbing, and sidewalks at a large, mixed-use project in Ocean County, New Jersey.
The plaintiff, a young mother of two, sustained an ankle fracture while leaving a newly opened restaurant. The plaintiff and her liability experts blamed the accident entirely on the height of the sidewalk/curb adjacent to the parking lot. Notably, the owner/developer was operating the development under a temporary certificate of occupancy — having broken the project into phases — and had elected to delay the installation of 1.5-2 inches of surface asphalt in the parking lot, as permitted under the local township’s codes.
Nevertheless, the owner/developer tendered to and impleaded the site improvement contractor, paradoxically insisting that the work they instructed them not to perform somehow triggered a “warranty” and contractual defense/indemnification.
After oral arguments, including four motions/cross-motions for summary judgment, the court entered Mr. Slivjak and Ms. Lowden’s proposed order and dismissed all claims against the contractor with prejudice.