Brian F. Breen

Brian F. Breen (Partner-Philadelphia, PA) and Jesse M. Endler (Associate-Philadelphia, PA) secured summary judgment in favor of residential property owners in a premises liability case before the New Jersey Superior Court, Cape May County. The plaintiff claimed she tripped, fell and suffered personal injuries because of a defect on the sidewalk abutting our clients' property. Pursuant to New Jersey law, we moved for summary judgment and asserted that, as owners of residential, non-commercial properties, our clients were not liable to repair any defect, unless they created it. The plaintiffs countered that internet images of the sidewalk taken six years and a few months before the incident appeared to show a discoloration at the seam where the alleged defect existed, but could not identify what the discoloration was or what caused the claimed differences in color (the pictures were clearly taken at different times based on shadows). The court agreed that the plaintiffs lacked sufficient verifiable evidence to present to a jury and granted summary judgment in favor of the firm’s clients.