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Tenzer v. Wakefern Food Corporation

Superior Court of New Jersey, Appellate Division

June 17, 2013

STEVEN TENZER and DALE TENZER, husband and wife, Plaintiffs-Respondents,
v.
WAKEFERN FOOD CORPORATION Defendant-Appellant, and SUNRISE SUPERMARKETS, INC., t/a SHOP-RITE OF PARSIPPANY #355 (improperly pleaded as ShopRite of Parsippany, Inc.), Defendants/Third-Party Plaintiffs-Appellants, and GRAND ENTRANCE, a division of CONSTRUCTION SPECIALTIES, INC., Defendant/Third-Party Defendant-Respondent, and INSIDE EDGE COMMERCIAL INTERIOR SERVICES, Defendant/Third-Party Plaintiff-Respondent, and QUALITY FLOORING WORKROOM, INC., Defendant/Third-Party Plaintiff-Respondent.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued June 3, 2013

On appeal from the Superior Court of New Jersey, Law Division, Morris County, Docket No. L-1222-08.

Devin C. Villarosa argued the cause for appellants Wakefern Food Corporation and Sunrise Supermarkets, Inc., t/a Shop-Rite of Parsippany #355 (Gold, Albanese & Barletti, attorneys; Robert Francis Gold, of counsel; James N. Barletti, on the brief).

Peter Rosen argued the cause for respondents Steven and Dale Tenzer (Rosen & Rosen, LLC, attorneys, join in the brief of appellants).

Nora Coleman argued the cause for respondent Grand Entrance, a division of Construction Specialties, Inc. (Haworth Coleman & Gerstman, LLC, attorneys; Ms. Coleman, on the brief).

Matthew J. Connahan argued the cause for respondent Inside Edge Commercial Interior Services (Maloof, Lebowitz, Connahan & Oleske, PA, attorneys; Mr. Connahan, on the brief).

Glenn A. Montgomery argued the cause for respondent Quality Flooring Workroom, Inc. (Montgomery, Chapin & Fetten, P.C., attorneys; Mr. Montgomery, of counsel; Gary Ahladianakis, on the brief).

Before Judges Sabatino and Fasciale.

PER CURIAM

Defendants Wakefern Food Corporation ("Wakefern") and Sunrise Supermarkets, Inc. ("Sunrise"), trading as Shop-Rite of Parsippany #355 (collectively, "ShopRite") appeal from an August 22, 2011 order barring the trial testimony of a liability expert, Elise Dann, and granting summary judgment to the other codefendants; and an October 24, 2011 order denying reconsideration. We affirm.

This matter began as a personal injury action by plaintiff Steven Tenzer, a supermarket customer. On September 17, 2006, Tenzer was injured after falling on uneven flooring within the ShopRite store in Parsippany. Plaintiff sued Wakefern, the corporate parent of the ShopRite chain; Sunrise, the owner of the ShopRite store in Parsippany; and several flooring defendants, including Grand Entrance, a division of Construction Specialties, Inc. ("Grand Entrance"); Inside Edge Commercial Interior Services ("Inside Edge"); and Quality Flooring Workroom, Inc. ("Quality Flooring").

The complaint, which was amended multiple times, was based upon allegations of negligence in the installation and maintenance of the flooring, thereby creating a dangerous condition on the premises. Various cross-claims for indemnification and contribution were pleaded by and among the named defendants, including cross-claims by ShopRite against Grand Entrance, Inside Edge, and Quality Flooring.

Factually, the record indicates that Grand Entrance manufactured a custom aluminum grid floor known as "Pedigrid, " which was installed at the entrance to the ShopRite store where plaintiff fell. The Pedigrid is designed to trap debris and ...


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