DINTER v. SEARS, ROEBUCK & CO.
252 N.J. Super. 84 (1991)
599 A.2d 528
RIKI DINTER AND ELLIOTT DINTER, PLAINTIFFS-APPELLANTS,
SEARS, ROEBUCK & COMPANY, DEFENDANT-RESPONDENT.
Superior Court of New Jersey, Appellate Division.
Argued September 23, 1991.
Decided November 14, 1991.
Before Judges PETRELLA, ASHBEY and ARNOLD M. STEIN.
Marc J. Friedman argued the cause for appellants (Rich & Friedman, attorneys; Marc J. Friedman, of counsel and on the brief).
Frank P. Addas argued the cause for respondent (Addas & Potenza, attorneys; Frank P. Addas, on the brief).
The opinion of the court was delivered by PETRELLA, P.J.A.D.
Plaintiffs Riki Dinter and Elliott Dinter appeal from the entry of a judgment dismissing their complaint after a jury verdict of no cause of action.1 Plaintiffs' post-trial motion to set aside the jury verdict or for a new trial was denied.
The jury trial consumed 22 days in April and May 1990. The underlying incident occurred on February 17, 1987, when Dinter went to the Sears, Roebuck & Co. (Sears) parts supply facility on Route 17 in Maywood shortly after 9:30 a.m. to pick up parts for her dishwasher in a car she borrowed from a neighbor. Upon driving into the parking lot, Dinter "felt" bumps as she parked the car. Dinter testified she was wearing flat boots with rubber soles and that the sequence of events thereafter was as follows:
I opened the door. Before I turn around — when I turn around, when I put my feet outside, I looked around me. I didn't understand what this bump was.
When I was looking around, I saw ice around the car. Then I got up. I looked again around me to find a safe place to walk. When I was looking down, I find this puddle of water. I thought it's puddle of water. It was early in the morning. The sun was hitting the area. I gave a few steps and I decide I was any way with boots, it will be safe for me to walk on water instead of ice. The time that I put my feet on this puddle of water that turn out to be ice, I slipped. That's my first slip.
On cross-examination, Dinter said that she noticed snow and ice on the ground "automatically" before she stepped out of the car with her left foot. She then took a few steps before she closed the door. When she stepped into the "puddle" with her left foot, her "foot went up in the air," and she landed on her back and the back of her head.
Dinter was uncertain how long she remained on the ground or whether she lost consciousness. She said she screamed for help, but no one heard her, and finally crawled around the car to the ramp leading to the entrance of the store and got to her feet with the help of the door. Dinter said on cross-examination that prior to this incident she suffered from fainting and dizzy spells.