![]() Apparently, plaintiff did not hear the warning and she slipped on the ice, injuring herself. ![]() The sidewalk was icy due to melted snow and accumulated water, which had frozen or refrozen on the sidewalk.ĭefendant Parraguez yelled out to warn plaintiff that the sidewalk was icy and slippery. It had snowed and rained the previous days and, at the time of the plaintiff’s fall, the temperature was below freezing. Plaintiff had been walking on the public sidewalk with her grandchild when defendant Rosalyn Parraguez was outside, attempting to remove snow and ice from the sidewalk in front of the Bators’ home. 19, 2017), the plaintiff contended that these residential homeowners should be liable for her injuries due to the downspouts of their homes discharging water onto the public sidewalk. Both homes had rooftop gutters and downspouts that channeled rain water and snowmelt into the common alleyway between the two homes and spilled water directly onto the public sidewalk. Plaintiff Rosa Perez slipped and fell on a public sidewalk in Harrison, New Jersey while walking in front of the row-homes of defendants Joseph and Jane Bator and Jose and Rosalyne Parraguez.
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