In a recent decision, the New Jersey Court of Appeals affirmed the trial court’s dismissal of the plaintiff’s claim on summary judgment in a case involving lack of sufficient notice. At issue was whether the plaintiff had sufficient evidence of notice on the part of a retail store owner of an alleged hazardous condition within the store. Vicki Connolly arguing for the defense persuaded the trial court that the plaintiff failed to present sufficient evidence of notice of the condition to warrant a finding of breach of a duty of care and, consequently, the trial court dismissed the case on summary judgment. The plaintiff appealed the decision and the Court of Appeals affirmed, finding that the plaintiff presented insufficient evidence such that a jury could find that the commercial defendant had either actual or constructive notice of the condition alleged to have caused the plaintiff’s fall. For more information on the case or a copy of the opinion, please feel free to contact Ms. Connolly about the decision.
