Tag: Mode of Operation
Plaintiff’s Slip And Fall Claim Dismissed Due To Her Failure To Prove Store Had Notice Of Water On Floor
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 […]
NJ Supreme Court Grants Certification in Mode of Operation Case
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 […]
Apartment Building Owner Found Not To Be Liable For Injury From Fall On Slippery Stairs Due To Lack Of Notice Of Condition Of Stairs
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, […]
Mode of Operation Doctrine Does Not Apply to Fall on a Grape Sold in Clamshell Case
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 […]
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. […]
Mode of Operation Rule Found Not Applicable to Fall at KFC
Janice Prioleau fell at a Kentucky Fried Chicken on a substance she believed to be a mix of grease and water on its floor. In Prioleau v. Kentucky Fried Chicken, Inc., 2014 N.J. Super. LEXIS 29 (App.Div. Mar. 3, 2014), the Appellate Division decided that it was error for the trial court to charge the […]
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