Not A Trespasser, And Not Drunk

In Olsen v. Sandax, Inc., No. A-2553-09 (App. Div. Mar. 15, 2011), the jury returned a verdict of $1,281,755.50 against the defendant because it determined that it failed to properly maintain its parking lot, which led to an accident in which the plaintiff was injured.  On appeal, the defendant asserted that the verdict should be reversed because the plaintiff was a trespasser and because the trial court erred in excluding evidence that the plaintiff was intoxicated.  The Appellate Division rejected both arguments and affirmed because the plaintiff was an invitee and a blood test taken of the plaintiff was negative for alcohol.


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