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NISIVOCCIA v. GLASS GARDENS, INC.

818 A.2d 314 (2003)

175 N.J. 559

Katherine NISIVOCCIA and Raymond Nisivoccia, Plaintiffs-Appellants, v. GLASS GARDENS, INC., d/b/a Shop-Rite of Rockaway, Defendant-Respondent, and John Does 1-4, Defendants.

Supreme Court of New Jersey.

Decided January 22, 2003.

Attorney(s) appearing for the Case

Lewis Stein, Succasunna, argued the cause for appellants (Nusbaum, Stein, Goldstein, Bronstein & Kron, attorneys).

Robert Francis Gold, Morristown, argued the cause for respondent (Gold & Albanese, attorneys; James N. Barletti, on the briefs).

Anne P. McHugh, Princeton, argued the cause for amicus curiae, Association of Trial Lawyers of America-New Jersey (Pellettieri, Rabstein & Altman, attorneys).

The opinion of the Court was delivered by LaVECCHIA, J.

When approaching the checkout lanes in a supermarket, plaintiff Katherine Nisivoccia slipped and fell on some loose grapes lying about. The proofs did not show how the grapes came to be on the floor or how long they had been there. It was undisputed, however, that in the produce area grapes were displayed in open-top, vented plastic bags that permitted spillage. The question before us is whether Wollerman...

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