Nisivoccia v. Glass Gardens, Inc.
Supreme Court of New Jersey
818 A.2d 314 (2003)
Relevant factsFree
Nisivoccia (plaintiff) slipped on a loose grape near the checkout aisles of a Shop-Rite (defendant) store and noticed other grapes scattered nearby after her fall. Testimony showed grapes arrived in open-top bags in the produce area and sometimes fell out onto the floor. The trial court denied Nisivoccia a negligence inference and granted Shop-Rite a directed verdict because she had no evidence the store knew of this specific hazard, and the appellate division affirmed.
IssueFree
Whether a premises-liability plaintiff must show the defendant had actual or constructive notice of a dangerous condition when the risk of injury is inherent in the defendant's self-service method of doing business.