John Ross v. Karen A. Lowitz (074200)

The common law on tort liability is not static. Hopkins v. Fox & Lazo Realtors, 132 N.J. 426, 435, 625 A.2d 1110 (1993). With changes in social expectations, values, and public policy, the common law evolves to keep pace with what we expect of one another. Ibid. This is not new, but rather a benefit of the common law long recognized by this Court. We have said there is a “ ‘power of growth ... inherent in the common law1 ” and accordingly it “cannot be immutable or inflexible.” Ibid, (quoting State v. Culver, 23 N.J. 495, 506, 129 A.2d 715, cert. denied, 354 U.S. 925, 77 S.Ct. 1387, 1 L.Ed.2d…