Luigi Monaco and Francesca Monaco, His Wife, Plaintiffs-Appellants and Cross-Respondents v. Hartz Mountain…

Summary

The Supreme Court of New Jersey reversed the Appellate Division's directed verdict in favor of Hartz Mountain Corp. and affirmed the summary judgment for the City of Newark, holding that a commercial landowner owes a duty of reasonable care to its invitees to maintain safe premises, including sidewalks and to inspect and warn of hazardous conditions even when the dangerous object, such as a municipal traffic sign, is not owned by the landowner. The Court found that the issue of notice was a factual question for the jury. Justice Verniero concurred, emphasizing the fairness and public‑policy considerations underlying the duty.