Jeter v. Sam's Club
Annotate this CasePlaintiff Aleice Jeter filed a negligence claim against Sam’s Club after sustaining injuries when she slipped on one or more grapes. Plaintiff stated that she fell while walking away from the checkout area, “halfway past” the fruit and vegetable aisle. Sam’s Club asserted several defenses, including lack of actual or constructive notice of the hazardous condition -- loose grapes on the floor. The trial court, after acknowledging that no party had moved for summary judgment, sua sponte conducted an N.J.R.E. 104(a) hearing to determine whether the "mode of operation" rule applied and, if not, whether plaintiff could provide some evidence of actual or constructive notice. The court agreed with Sam’s Club that the mode of operation rule did not apply, then proceeded to analyze the case under traditional negligence principles that require actual or constructive notice of the dangerous condition -- grapes on the floor. Finding that there was no evidence as to “how long this particular grape [was] on the floor,” the court held that plaintiff failed to meet her burden of proving actual or constructive notice and dismissed the case with prejudice. Finding no reversible error in the trial court's judgment, the New Jersey Supreme Court affirmed.
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