Publication Details

Thomas N. Zuppa Earns Favorable Disposition on Summary Judgment

Thomas N. Zuppa Earns Favorable Disposition on Summary Judgment

Thomas N. Zuppa, Jr. recently obtained Summary Judgment in the New Jersey Superior Court, Passaic Vicinage on a homeowner liability claim.  In the matter of Klepacz v. Babula, Plaintiff alleged personal injuries after tripping and falling on a section of sidewalk in a residential neighborhood in Clifton, New Jersey.  Plaintiff further alleged that the Firm’s client was negligent in failing to maintain a sidewalk which was uprooted by a tree.  Mr. Zuppa successfully argued that long-standing case law dictates that a residential homeowner is not liable for the condition of a sidewalk caused by the action of the elements or by wear and tear incidental to public use, but only for the negligent construction or repair of the sidewalk by him or herself or a predecessor in title if made unsafe.  Since Plaintiff could not prove that the homeowner was in any way responsible for creation of the condition of the sidewalk, the application for Summary Judgment was granted as to the Firm’s client and the claim was dismissed with prejudice.