Elizabeth Parks, Plaintiff-Appellant v. Peter Rogers, Helen Rogers and Bruce Rogers, Defendants and Third-Party…

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for trial, holding that genuine issues of material fact existed as to whether the homeowners knew or should have known of the short handrail and owed a duty to warn the social guest. The Court applied the Berger standard for a landowner's duty to a social guest and found the summary‑judgment ruling was improper. Justice Verniero dissented, arguing the guest was or should have been aware of the hazards. The dissent is summarized separately.