E & M Liquors, Inc. v. Public Service Electric & Gas Co.

The opinion of the court was delivered by

COLLESTEE, J.A.D.

This is an appeal in a subrogation action from summary judgment granted to Public Service Electric & Gas Company (PSE & G) dismissing the complaint filed by insurance carriers for recovery of fire losses allegedly caused by defendant’s negligence.

On appeal from summary judgment we adopt the facts alleged by the party in opposition. Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540, 666 A.2d 146 (1995). On July 20, 2003, a PSE & G primary high voltage electric wire fell from a PSE & G pole to the sidewalk near the south wall of…