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Gillette v. Lipinski Snow Services

August 28, 2008

BARBARA K. GILLETTE, PLAINTIFF-APPELLANT,
v.
LIPINSKI SNOW SERVICES, INC., DEFENDANT-RESPONDENT.



On appeal from the Superior Court of New Jersey, Law Division, Burlington County, Docket No. L-3431-05.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued April 15, 2008

Before Judges Yannotti and LeWinn.

Plaintiff Barbara K. Gillette appeals from the order entered in the Law Division on May 25, 2007, granting summary judgment to defendant Lipinski Snow Services, Inc., and the order entered on July 20, 2007, denying plaintiff's motion for reconsideration. We affirm.

On December 12, 2003, plaintiff was walking towards her place of employment, Our Lady of Lourdes Medical Center (Medical Center), in Willingboro, New Jersey. As she stepped into the Medical Center's parking lot, plaintiff slipped and fell on a patch of ice. She sustained a torn meniscus in her right knee.

The Medical Center had entered into a written contract with defendant for snow removal services for the period from November 4, 2003 to April 15, 2005. "Exhibit A" to the contract contained the "general specifications" for snow removal, including the following:

Snow removal shall commence automatically once two (2") inches of snow has accumulated, without additional notification by [the Medical Center]. Unless otherwise specified . . . snow accumulations under two (2") inches will not be [s]erviced.

Section III of "Exhibit A" applied specifically to the Medical Center's parking lot:

1) At the completion of snow removal operation, [defendant] will apply salt mixture to aid in deicing and traction aid.

2) The amount of salt will be determined by [defendant] to conform to the conditions on each site.

3) Salt will be applied by spreader.

Section V, captioned "General Provisions[,]" contained the following pertinent language:

[The Medical Center] acknowledges that it is impossible and impracticable to achieve the total elimination of snow from all areas of such surfaces. In addition, [the Medical Center] acknowledges that [defendant] is not engaged, nor does it accept engagement, as a continuing monitor of potentially dangerous or unsafe conditions which may arise by reason of thawing and refreezing of previously plowed or treated areas. Upon reasonable notice from [the ...


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