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

Summary

The Supreme Court of New Jersey reversed the lower court’s judgment and remanded for a new trial, holding that the trial court’s hazardous‑condition instruction was erroneous and not harmless, and that res ipsa loquitur was properly applicable despite the defendant’s lack of control at the time of construction. Justice Clifford dissented, arguing that the doctrine should not apply to the successor owner, while Justice Schreiber concurred in part and dissented in part, advocating broader liability for successor owners.