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James Hogan and Maria Hogan, His Wife v. Dale Woolson

February 1, 2011

JAMES HOGAN AND MARIA HOGAN, HIS WIFE, PLAINTIFFS-APPELLANTS,
v.
DALE WOOLSON, DEFENDANT-RESPONDENT/ THIRD-PARTY PLAINTIFF,
v.
RANDY WILLIAMS AND LINDA WILLIAMS, HUSBAND AND WIFE, THIRD-PARTY DEFENDANTS.



On appeal from Superior Court of New Jersey, Law Division, Cumberland County, Docket No. L-1239-08.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued January 19, 2011

Before Judges Carchman and Graves.

Plaintiffs James Hogan and Maria Hogan*fn1 appeal from an order granting summary judgment in favor of defendant Dale Woolson. For the reasons that follow, we affirm.

The underlying facts are not disputed. Plaintiff James Hogan was injured on March 8, 2007, at about 7:00 p.m., when he slipped and fell on ice that had accumulated on the front porch of a single-family home located at 80 Main Street, Cedarville, New Jersey (the property). At the time of the accident, plaintiff was working for Dino's Pizzeria and was making a delivery to third-party defendants Linda and Randy Williams,*fn2 who leased the property from defendant Dale Woolson.

At her deposition, Linda Williams was asked who was responsible for maintaining the property, including the removal of any snow or ice from the front porch, and she answered, "We were." She also testified as follows:

Q. And was it your practice or your husband's practice to ever use salt or sand on the front porch?

A. Yes, yes, it was.

Q. When would you use either one of those substances?

A. Throughout the day if we felt it was needed, whenever there was ice.

Q. What was the surface of the front porch made out of?

A. Just plain wood.

Q. To your knowledge, was there any ice accumulation on the front porch ...


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