Estate of Naitil Desir, by and Through Its Lawfully Appointed Administratrix Edmonde Estiverne, and Edmonde…

Summary

The Supreme Court of New Jersey held that the premises owner, Vertus, owed no duty of care to Novaly, who was killed while responding to a request for assistance, and therefore affirmed the trial court’s grant of summary judgment. The Court reversed the Appellate Division’s creation of a new duty based on foreseeability and the rescue doctrine. Justice Albin filed a concurring opinion agreeing with the majority’s result but emphasizing a duty to warn.