Nielsen v. Wal-Mart Store #2171, A-2790-11T1; Appellate Division; opinion by Fisher, P.J.A.D.; decided and approved for publication January 11, 2013. Before Judges Fisher, Alvarez and St. John. On appeal from the Law Division, Mercer County, L-1014-08. [Sat below: Judge Jimenez.] DDS No. 36-2-8689 [19 pp.]
Plaintiff William Nielsen was injured when he slipped and fell at the Nassau Park Shopping Center. He was at the site on behalf of his employer, Ecolab Inc., which had been retained by Wal-Mart to exterminate pests.The exterior area around the perimeter of Wal-Mart’s unit, where plaintiff slipped and fell, was owned and maintained by Nassau Shopping Center Condominium Association, the developer. In the master deed governing its relationship with Wal-Mart, the developer agreed to maintain and repair the common elements, including the area in question.