A Capehart Scatchard Blog

Tag: Mode of Operation

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 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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Mode of Operation Rule Found Not Applicable to Fall at KFC

By on March 10, 2014 in Blog with 0 Comments
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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