McColley v. Edison Corp. Center

The opinion of the court was delivered by

WECKER, J.S.C.

(temporarily assigned).

Fourteen-year-old Steven McColley was riding a motorized bike on private property in Edison, New Jersey when he was caught by a wire cable strung two-and-one-half feet from the ground across the end of a paved roadway. The motion judge granted summary judgment to all defendants because he concluded that Steven was a trespasser to whom defendants owed no duty. We disagree. The motion judge erred in finding no duty either to warn plaintiff about a wire cable across a path; or to remove an existing cable; or to refrain…