Tag: mode of operation
District Court Finds That Mode of Operation Rule Did Not Apply to a Fall From a Blueberry Sold in a Clamshell Container
Plaintiff Jessica Nunez was shopping at the Clifton Costco and claimed that she slipped and fell on at least one blueberry on the floor in the meat department. She sued Costco for her personal injuries. The issue in Nunez v. Costco Wholesale Corp., 2025 U.S. Dist. LEXIS 196212 (D.N.J. Oct. 3, 2025) was whether Costco […]
Concert Venue Found Not Liable for Slip and Fall Injury From Liquid on Concourse
Plaintiff Gabriela Mirtha Tiscornia Sosa was injured when she slipped and fell on a wet floor at a concert at the Prudential Center. This venue was owned by defendant DAE, which contracted with defendant ABM to provide janitorial services. The issue in Sosa v. Devils Arena Entertainment, LLC, 2025 N.J. Super. Unpub. LEXIS 787 (App. […]
Court Finds That Mode of Operation Doctrine Properly Charged for Slip and Fall Accident
Plaintiff Lavant Jones slipped and fell inside the vestibule of defendant Rite Aid’s Willingboro store. She slipped on a plastic tablecloth and brochure that had blown off a display table setup by Rite Aid to promote a flu vaccine program. In Jones v. Rite Aid, 2023 N.J. Super. Unpub. LEXIS 1201 (App. Div. July 17, […]
Mode of Operation Found to Apply to Accident Caused by Brown Substance on Floor of Bagel Store
Plaintiff, Samira Aly, was a customer at defendant A&H Bagels. While walking to throw out her trash, she fell and suffered a serious injury. Both deposition and video surveillance footage showed a brown substance on the floor near where she fell. The issue in Aly v. A&H Bagels & Deli, Inc., 2023 N.J. Super. Unpub. […]
Federal Judge Finds Mode of Operation Rule Does Not Apply to Accident Involving Motorized Cart in Store
Plaintiff Talia Pena claimed that, while shopping in a store, she was struck by an unidentified customer operating a motorized shopping cart. While bending over to smell body sprays on a lower shelf near the self-checkout lanes, an unidentified female customer drove a motorized cart into her. The woman did not see Plaintiff because her […]
Mode of Operation Rule Does Not Apply to Fall From Liquid on Floor Allegedly Resulting From a Water Bottle Spill
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 […]
Court Refuses to Apply Mode of Operation Doctrine to Landlord/Tenant Slip and Fall Case
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 […]
New Jersey Supreme Court Rules that Mode of Operation Doctrine Does Not Apply to Sale of Grapes in Closed Container
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, […]
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 […]
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