KBN Wins Reversal and Dismissal of Case For Client In New Jersey’s Highest Court

On July 31, 2019 the New Jersey Supreme Court reinstated the trial court’s order of summary judgment dismissing all claims against KBN client, R&M Tagliareni, LLC, the owner and property manager of a Jersey City apartment building. The case, J.H v. R&M Tagliareni, LLC (A-6-18) (081128) involved a claim for personal injuries sustained by a nine month old infant who was an overnight guest of one of the building’s tenants. The infant was placed on a bed that was already occupied by an older sleeping child. No one checked on the infant throughout the night. The bed was located next to a functioning steam radiator and piles of bags and clothing formed a downward slope from the bed to the radiator. The next morning, the older child found the infant stuck between the bed and the radiator. The infant sustained severe burns and had permanent scarring as a result of the incident.  The infant’s father pleaded guilty to fourth degree child abuse. Plaintiffs brought a negligence action against KBN’s client arguing that they breached a legal duty owed to the plaintiff by not providing an insulating cover for the radiator in question. 

KBN vigorously defended our client and obtained summary judgment on their behalf after the trial court agreed that the landlord had no legal duty pursuant to common law or statute to cover the radiator. Plaintiffs appealed and the Appellate Division reversed the trial court’s order and held that New Jersey’s Regulations for the Maintenance of Hotels and Multiple Dwellings required landlords to cover radiators. KBN filed a petition for certification requesting that the New Jersey Supreme Court review the Appellate Division’s decision. Although the vast majority of petitions for certification are denied, in October 2018, the Supreme Court accepted certification and KBN argued the case before the Supreme Court in March 2019.  In their July 31, 2019 decision, the Supreme Court agreed with KBN’s arguments that the regulations did not create a duty for landlords to cover radiators and also agreed that the landlord had no common law duty to cover the radiator in question. This resulted in the dismissal of the plaintiffs’ complaint against KBN’s client in its entirety.  Danielle M. Hughes, Esq. of KBN’s New Jersey office handled the matter on behalf of the firm.