Superior Court of New Jersey, Appellate Division Affirmed Entry of Summary Judgment Which Held That Defendant Utilized the Cable on the Property Which Caused Personal Injury for a Legitimate Business Purpose

The plaintiff brought an action against the defendant for injuries sustained when the plaintiff struck a steel cable while riding a dirt bike on the defendant’s property after business hours. Both parties acknowledge that the plaintiff never received express consent to ride a dirt bike on the property. The trial court granted the defendant’s motion, concluding that the cable had a distinct business purpose and was not erected to “deter or harm the dirt b[ike] riders.” The Superior Court of New Jersey, Appellate Division affirmed the judgment because the court found no basis in the record to conclude that the defendant acted maliciously or willfully in failing to lower the cable on its commercial property when the plaintiff did not have the defendant’s express consent to operate his dirt bike on its property. The summary judgment entered by the trial court was warranted under New Jersey law, and thus, the court denied the plaintiff’s motion to amend the claims. 

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