A Capehart Scatchard Blog

Tag: mode of operation

Mode of Operation Rule Does Not Apply to Fall From Liquid on Floor Allegedly Resulting From a Water Bottle Spill

By on September 9, 2022 in Negligence with 0 Comments

The plaintiff Bridgett Knight alleged that she slipped and fell near the exit door of the defendant Family Dollar Stores as a result of liquid that she claimed emanated from a bottled beverage located in a self-service refrigerator near the cash register.  The plaintiff contended that the mode of operation doctrine should apply to this […]

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Court Refuses to Apply Mode of Operation Doctrine to Landlord/Tenant Slip and Fall Case

By on July 29, 2022 in Negligence with 0 Comments

Plaintiff Atef Kamel slipped and fell down steps in his apartment building’s stairwell while he was taking out his recycling.  He claimed that his slip and fall was caused by a combination of an unknown, oily liquid on the floor and a broken light in the stairwell.  The issue in Kamel v. Panyork Group, 2022 […]

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New Jersey Supreme Court Rules that Mode of Operation Doctrine Does Not Apply to Sale of Grapes in Closed Container

By on March 18, 2022 in Liability with 0 Comments

Plaintiff Aleice Jeter sued Sam’s Club due to injuries suffered in its Linden, New Jersey store after she slipped on one or more grapes. Sam’s Club sold its grapes in closed clamshell containers sealed with tape. The case was dismissed by the trial court judge, which decision was affirmed upon appeal to the Appellate Division, […]

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Plaintiff’s Slip And Fall Claim Dismissed Due To Her Failure To Prove Store Had Notice Of Water On Floor

By on October 22, 2021 in Negligence with 0 Comments

Plaintiff Maria Quinones slipped and fell on water on the floor of Kohl’s Clifton store.  She fell on water, described as a two foot long strip of water, as she was walking towards the checkout lane to get in line.  The issue in Quinones v. Kohl’s Department Stores, Inc., 2021 N.J. Super Unpub. LEXIS 2067 […]

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NJ Supreme Court Grants Certification in Mode of Operation Case

By on October 15, 2021 in Liability with 0 Comments

I had previously reported on the case of Jeter v. Sam’s Club, 2021 N.J. Super. Unpub. LEXIS 919 (App. Div. May 17, 2021) in which the Appellate Division had affirmed a summary judgment ruling, dismissing a personal injury lawsuit arising from a slip on a grape which was sold in a clamshell case by the […]

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Mode Of Operation Doctrine Not Applied To A Fall At Restaurant Due to A Greasy Food Wrapper

By on September 17, 2021 in Civil Lawsuits with 0 Comments

Plaintiff Francine Latorraca fell while a customer at a McDonalds restaurant and suffered an injury.  She claims to have fallen as a result of a greasy food wrapper on the floor near the front register. The issue in Latorraca v. Aladyn, Inc., 2021 N.J. Super. Unpub. LEXIS 998 (App. Div. May 25, 2021) was whether […]

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Apartment Building Owner Found Not To Be Liable For Injury From Fall On Slippery Stairs Due To Lack Of Notice Of Condition Of Stairs

By on August 13, 2021 in Negligence with 0 Comments

Plaintiff Widelande Raymond suffered a serious bodily injury when she slipped and fell on a slippery substance on her apartment building’s stairs. She sued the building owner, Layna Realty, LLC, and the property manager, Pentaurus Properties, LLC. The issue in Raymond v. Layna Realty, LLC, 2021 N.J. Super. Unpub. LEXIS 1673 (App. Div. Aug. 10, […]

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Mode of Operation Doctrine Does Not Apply to Fall on a Grape Sold in Clamshell Case

By on May 21, 2021 in Liability with 0 Comments

Plaintiff Aleice Jeter slipped and fell on a grape in the aisle of the defendant Sam’s Club East, LP, Linden store and filed a lawsuit to recover damages for her neck and back injuries.  She relied upon the mode of operation doctrine, which she contended excused her from establishing that the defendant had actual or […]

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Mode of Operation Doctrine Rejected for Accident Caused by Fall on Laundry Detergent in Mailroom of Apartment Building

By on August 3, 2018 in Civil Lawsuits with 0 Comments

Plaintiff Maryann Zagloba injured her back when she slipped on laundry detergent spilled in the mailroom of her apartment building. She sued the owner of the building, Vista Gardens Associates LLC (“Vista Gardens”), for her injuries. She argued that the mode of operation doctrine should apply and, as a result, that she did not have […]

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Mode-of-Operation Doctrine Applies for Fall at Mall Due to Liquid from a Beverage

By on October 31, 2014 in Blog with 0 Comments
Mode-of-Operation Doctrine Applies for Fall at Mall Due to Liquid from a Beverage

In Lebrio v. Pier Shops at Caesar’s, 2014 N.J. Super. Unpub. LEXIS 2319 (App. Div. Sept. 25, 2014), the plaintiff Karen Lebrio injured her knee and back when she slipped and fell while walking in a common area at The Pier Shops at Caesar’s in Atlantic City. The jury awarded her $427,000 for her injuries. […]

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