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Mamay v. Joseph M. Sanzari Construction Co.

December 7, 2007

WILLIAM MAMAY, PLAINTIFF-APPELLANT,
v.
JOSEPH M. SANZARI CONSTRUCTION CO. AND J. FLETCHER CREAMER & SON, INC., DEFENDANTS-RESPONDENTS.



On appeal from Superior Court of New Jersey, Law Division, Bergen County, Docket No. L-1175-05.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted November 5, 2007

Before Judges Lintner and Graves.

Plaintiff William Mamay appeals from two summary judgment orders entered on July 21, 2006, dismissing his personal injury action against defendant contractors, Joseph M. Sanzari Construction Co. and J. Fletcher Creamer & Son, Inc. The trial court found there were no genuine factual disputes and ruled, as a matter of law, there was no showing that defendants breached a duty owed to plaintiff. We agree and affirm.

After parking in an employee parking lot at approximately 5:45 to 6:00 p.m. on February 13, 2003, plaintiff was walking to work at the New Jersey Sports & Exposition Authority (Authority) when he slipped and fell on "black ice." In his interrogatory answers, plaintiff stated that he slipped and fell "due to an accumulation of black ice from melted snow that had not been salted or sanded and he [fell] sustaining personal injuries." At his deposition, plaintiff testified as follows:

Q: When they plowed the snow in that parking lot, do they just pile the snow around the perimeter of the lot or do they actually remove the snow, do you know?

A: They pile it around the lot.

Q: Okay. When you parked your car on the day of your accident, did you park it near the area where snow was piled or more toward the center of the lot, if you recall?

A: I would say, no. More toward the outskirts of the lot, right.

Closer to where the snow was piled, yes.

Q: Other than being plowed, can you give us any better description as to the surface of the parking lot in terms of whether or not there was any snow or ice on it when you arrived for work on the day of the accident?

A: Yes, there was ice.

Q: Okay. Can you tell me to what extent was there ice in ...


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