Sarah Berger, Plaintiff-Respondent v. Samuel Shapiro, Defendant-Appellant

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that the defendant, as a host, owed a duty to warn his social guest of the missing brick on the front step because he knew of the defect and the plaintiff's severe visual impairment, that the plaintiff could prove breach and causation, and that contributory negligence was not a matter of law. The court applied the Restatement (Second) of Torts §342 to the host‑guest relationship. Justice Hall dissented, arguing that the evidence was insufficient to infer the brick cavity caused the fall.