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PARKS v. ROGERS

825 A.2d 1128 (2003)

176 N.J. 491

Elizabeth PARKS, Plaintiff-Appellant, v. Peter ROGERS, Helen Rogers and Bruce Rogers, Defendants and Third-Party Plaintiffs-Respondents, and John Doe I (a person or entity whose identity is as yet unknown) and John Doe II (a person or entity whose identity is as yet unknown), Defendants and Richard Redy, Third-Party Defendant.

Supreme Court of New Jersey.

Decided June 18, 2003.

Attorney(s) appearing for the Case

James J. Seaman, Secaucus, argued the cause for appellant (Waters, McPherson, McNeill, attorneys; Patrick J. Arre, of counsel).

Kevin J. Conyngham, Saddle Brook, argued the cause for respondents (Zimmerer, Murray & Conyngham, attorneys; Joseph P. Kreoll, on the brief).

The opinion of the Court was delivered by ALBIN, J.

In this appeal, we revisit the scope of a homeowner's duty to protect an unsuspecting social guest of dangers on the premises. Plaintiff Elizabeth Parks was a guest at defendants' home, where she descended in darkness a deck stairway with a prematurely short banister that she claims caused her to misstep and fall, suffering serious injuries. The Appellate Division, in affirming the trial court's entry of summary...

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