Sunday, January 31, 2016
ANNETTE TROUPE VS. BURLINGTON COAT FACTORY WAREHOUSE CORPORATION A-1687-14T4
ANNETTE TROUPE VS. BURLINGTON COAT FACTORY WAREHOUSE CORPORATION
Plaintiff, a customer of a retail clothing store, slipped and fell on a berry on the floor. Applying principles recently clarified in Prioleau v. Kentucky Fried Chicken, 223 N.J. 245 (2015), we affirm the trial court's grant of summary judgment dismissing plaintiff's personal injury action. We hold that the mode-of-operation rule does not apply because there was no clear nexus between the berry and the clothing store's self-service
component. Nor did plaintiff show any breach of duty by the store to its customer.