Supreme Court of New Jersey

Jerilyn Brown and Jack Brown, Plaintiffs-Respondents v. Racquet Club of Bricktown, Defendant-Appellant, and Ken…

February 14, 198495 N.J. 280

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for a new trial, holding that the doctrine of res ipsa loquitur was properly applied against the Racquet Club of Bricktown despite the club not having constructed the stairs. The Court found that the club, as a proprietor of invitee premises, owed a duty to inspect for latent defects and that the failure to do so allowed an inference of negligence. It also held that the trial court's hazardous‑condition instruction was erroneous and required reversal.