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NIELSEN v. WAL-MART STORE NO. 2171

Docket No. A-2790-11T1

57 A.3d 1121 (2013)

429 N.J. Super. 251

William NIELSEN and Debra Nielsen, Plaintiffs-Respondents, v. WAL-MART STORE #2171, Defendant-Appellant, and Nassau Shopping Center Condominium Association, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided January 11, 2013.

Attorney(s) appearing for the Case

Patrick J. McDonnell, Summit, argued the cause for appellant (McDonnell & Associates, attorneys; Mr. McDonnell and Lindsey S. Forshay, Cherry Hill, on the brief).

David T. Wheaton, Edison, argued the cause for respondents (Levinson Axelrod, attorneys; Mr. Wheaton, on the brief).

Before Judges FISHER, ALVAREZ and ST. JOHN.

The opinion of the court was delivered by

FISHER, P.J.A.D.

In this appeal, defendant Walmart Store #2171 — the owner of a unit in a multi-unit commercial condominium developed by defendant Nassau Shopping Center Condominium Association (the developer) — argues it had no duty to warn its independent contractor's employee of a hazardous condition in an area that the developer was contractually bound to repair and maintain. Because the particular...

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