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MAUSSNER v. ATLANTIC CITY COUNTRY CLUB, INC.

299 N.J. Super. 535 (1997)

SPENCER VAN MAUSSNER AND COLLEEN MAUSSNER, HIS WIFE, PLAINTIFFS-APPELLANTS, v. ATLANTIC CITY COUNTRY CLUB, INC., JAMES FRASER, INDIVIDUALLY AND/OR TRADING AS ATLANTIC CITY COUNTRY CLUB, DOUGLAS FRASER, INDIVIDUALLY AND/OR TRADING AS ATLANTIC CITY COUNTRY CLUB, LAURIE FRASER, INDIVIDUALLY AND/OR TRADING AS ATLANTIC CITY COUNTRY CLUB, ATLANTIC CITY COUNTRY CLUB, LTD., AND MEADOWLINKS CORPORATION, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 4, 1997.

Attorney(s) appearing for the Case

Virginia A. Pallotto argued the cause for appellants (Budd, Larner, Gross, Rosenbaum, Greenberg & Sade, attorneys; Ms. Pallotto, of counsel and on the brief).

Richard D. Madden argued the cause for respondents (Law Offices of Joel Feldscher, attorneys; Mr. Madden, of counsel; Kathleen A. Alexander, on the brief).

Before Judges KLEINER and COBURN.

The opinion of the court was delivered by KLEINER, J.A.D.

This case is one of first impression in New Jersey. The issue raised is whether golf course operators owe a duty of care to their patrons to protect them from lightning strikes. Plaintiffs Spencer Maussner and Colleen Maussner appeal from the entry of an order granting summary judgment to defendants. In their appeal, plaintiffs contend that the trial court erred in summarily concluding that the owners and operators...

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