Shields v. Ramslee Motors

• Decision Date: 23 January 2020
• Docket Number: A-53 September Term 2018,081969
• Citation: 240 N.J. 479,223 A.3d 172
• Parties: Baldwin SHIELDS and Tricia Shields, his wife, Plaintiffs-Respondents, v. RAMSLEE MOTORS, Defendant, and 608 Tonnelle Avenue, LLC, Defendant-Appellant.
• Court: New Jersey Supreme Court

240 N.J. 479

223 A.3d 172

Baldwin SHIELDS and Tricia Shields, his wife, Plaintiffs-Respondents,

v.RAMSLEE MOTORS, Defendant,and608 Tonnelle Avenue, LLC, Defendant-Appellant.

A-53 September Term 2018

081969

Supreme Court of New Jersey.

Argued October 7, 2019

Decided January 23, 2020

Michael S. Savett argued the cause for appellant (Clark & Fox, attorneys; Michael R. Fox and Patrick J. Reilly, III, on the briefs).

Kristian A. Krause argued the cause for respondents (Goldstein, Ballen, O'Rourke & Wildstein, attorneys; Kristian A. Krause, on the brief).

Ronald B. Grayzel submitted a brief on behalf of amicus curiae New Jersey Association of Justice (Levinson Axelrod, attorneys).

JUSTICE FERNANDEZ-VINA delivered the opinion of the Court.

This case calls on the Court to determine whether the owner of a commercial property owes its tenant's invitee a duty to clear snow and ice from the property's driveway while the property is in the sole possession and control of the tenant.

Plaintiff Baldwin Shields was delivering a letter at 608 Tonnelle Avenue, Jersey City, when he slipped on ice and fell on the driveway. At the time, 608 Tonnelle Avenue was occupied by a commercial tenant, Ramslee Motors, a used car dealership. The lease agreement between the landlord and Ramslee Motors stated that Ramslee Motors was responsible for maintaining the property as if it were the "de facto owner."

The trial court found that the landlord was not responsible for removing snow and ice from the property and granted the landlord's motion for summary judgment. The Appellate Division disagreed. It found that the lease was silent as to who was responsible for snow and ice removal from the driveway and determined that, in any case, the landlord owed the same non-delegable duty to maintain the driveway that it owed with respect to the sidewalks abutting the leased property.

We disagree with those determinations. The lease agreement between Ramslee Motors and the landlord directly addressed the issue of responsibility for maintenance of the property, which includes removal of snow and ice. That duty rested solely with Ramslee Motors, whether based on the lease or common law. Ramslee Motors retained complete control over the premises where plaintiff fell and was exclusively responsible for plaintiff's injuries. Therefore, we reverse the judgment of the Appellate Division and reinstate the trial court's grant of summary judgment.

I.

A.

On February 6, 2014, plaintiff, a Federal Express driver, delivered an envelope to Ramslee Motors, a used car dealership. After delivering the envelope, plaintiff slipped and fell on snow and ice on the driveway leading back to the sidewalk. Ramslee Motors parked cars for sale on that driveway, which is adjacent to the public sidewalk but separated from the sidewalk by a fence. As a result of his fall, plaintiff suffered injuries which he alleges continue to cause him pain and limit his activities.

Ramslee Motors leased the property for its dealership from 608 Tonnelle Avenue, LLC ("the landlord"). The lease agreement described the parties' responsibilities with respect to maintenance and repair as follows:

Section 3.03. TENANT shall maintain the leased premises and building, structures, fixtures and improvements now or hereafter located thereon or in or on the easements in compliance with all laws and requirements of all governmental authorities applicable thereto and to the use thereof.

Section 3.04. All parties agree that the premises have been inspected by TENANT prior to taking possession of the premises and accepts same in "AS IS" condition thereafter, and during TENANT'S use and occupancy of the premises TENANT shall be solely responsible for the maintenance and repair of the land and any structure placed on the premises at any time and from time to time during the lease, as if TENANT were the de facto owner of the leased premises.

The lease agreement also addressed the circumstances in which the landlord was permitted to enter the property:

Section 11.03. TENANT agrees to permit LANDLORD and the authorized representatives of LANDLORD and of the holder of any fee mortgage to enter the leased premises or the building on one day notice, for the purpose of inspecting the same or exhibiting the same to prospective purchasers of the leased premises or to exhibit the same to persons wishing to rent such premises and building at any time within the year prior to the termination of this Lease. LANDLORD shall have the right to enter onto the leased premises at any time in the event of an emergency.

Section 2L.01 [sic]. The TENANT agrees that the LANDLORD and the LANDLORD'S agents, employees, or other representatives, shall have the right to enter into and upon the said premises or any part thereof, at all reasonable hours, for the purpose of examining the same or making such repairs or alterations therein as may be necessary for the safety and preservation thereof. This article shall not be deemed to be a covenant by the LANDLORD nor be construed to create an obligation on the part of the LANDLORD to make such inspection or repairs.

The owner of Ramslee Motors testified that he was responsible for clearing snow and ice at the property. He maintained equipment at the property in order to discharge that responsibility including salt and snow shovels. Further, the tenant's owner had removed snow and ice from the property the day before the incident, as confirmed by security camera footage from the property.

B.

Plaintiff filed a complaint against Ramslee Motors and the landlord, which his wife joined per quod, alleging that their negligence was the cause of plaintiff's injuries. Plaintiff settled with Ramslee Motors and a stipulation of dismissal was entered. The landlord moved for summary judgment, and the trial court granted its motion. In doing so, the trial court found that the lease agreement placed responsibility for maintenance of the property on Ramslee Motors and that the duty to clear snow and ice is delegable, noting that there were no public policy concerns because plaintiff was able to recover from another party.

The Appellate Division reversed the trial court's grant of summary judgment and remanded the matter. The court found that the lease was silent as to who was responsible for snow and ice removal. Then, finding that there was "no legal or public policy distinction between a sidewalk and an open driveway used with regularity," the Appellate Division held that the landlord had a non-delegable duty to "ensure that the driveway abutting the sidewalk was clear of snow and ice."

We granted the landlord's petition for certification. 236 N.J. 566, 201 A.3d 684 (2019). We also granted the motion of the New Jersey Association of Justice (NJAJ) to participate as amicus curiae.

II.

The landlord maintains that, both under the lease and the common law, it is not responsible for clearing snow and ice from the property. The landlord emphasizes that its lease placed the responsibility for maintenance on the tenant, which includes the removal of snow and ice. Further, the landlord argues that the law places the general responsibility for removing snow and ice from the property on the tenant as well. The landlord contends that the exception to that common law principle for public sidewalks abutting the property should not be extended to a driveway and that a commercial tenant with exclusive control over the property is rightly responsible for maintaining the property.

In response, plaintiff argues that the lease was ambiguous as to which entity is responsible for clearing snow and ice because the issue is not specifically addressed. Plaintiff contends that, in light of that ambiguity, the Appellate Division was correct in applying the factors set forth in Hopkins v. Fox & Lazo Realtors, 132 N.J. 426, 625 A.2d 1110 (1993), in considering where the duty of care should lie. Plaintiff further reasons that the justification for sidewalk liability applies equally to the driveway in this case, and it is thus appropriate to hold the landlord responsible for the removal of snow and ice.

The NJAJ echoes plaintiff's arguments and adds that the Hopkins factors dictate that responsibility belongs with the landlord.

III.

A.

When reviewing a grant of summary judgment, this Court applies the same standard as the trial court and considers "whether the competent evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of the non-moving party." Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540, 666 A.2d 146 (1995) ; see also R. 4:46-2(c).

"The fundamental elements of a negligence claim are a duty of care owed by the defendant to the plaintiff, a breach of that duty by the defendant, injury to the plaintiff proximately caused by the breach, and damages." Robinson v. Vivirito, 217 N.J. 199, 208, 86 A.3d 119 (2014). The key issues in this case are questions of law, see Kieffer v. Best Buy, 205 N.J. 213, 222-23, 14 A.3d 737 (2011) (interpretation of contract is question of law); see also Robinson, 217 N.J. at 208, 86 A.3d 119 (whether duty of care is owed is question of law), and thus appropriately reviewed on summary judgment, see Badiali v. N.J. Mfrs. Ins. Grp., 220 N.J. 544, 555, 107 A.3d 1281 (2015) (noting that "[p]urely legal questions" are "particularly suited for summary judgment").

The issue before us is whether New Jersey law imposes a non-delegable duty on commercial landlords to maintain the demised premises free of snow and ice. To answer that question, we first consider whether the duty was delegated and then look to whether it is non-delegable.

B.

The landlord argues that the lease's provision that "TENANT shall maintain the leased premises" encompassed and delegated the duty of snow and ice removal from the driveway to the tenant. We agree.

The definition of "maintain" is "[t]o care for (property) for...