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DIAS v. A.J. SEABRA'S SUPERMARKET

310 N.J. Super. 99 (1998)

ILDA AND MANUEL DIAS, PLAINTIFFS-APPELLANTS, v. A.J. SEABRA'S SUPERMARKET, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided April 15, 1998.

Attorney(s) appearing for the Case

Christopher L. Musmanno argued the cause for appellants (Maloof, Lebowitz, Connahan & Oleske, attorneys; Mr. Musmanno, on the brief).

Paul Spina argued the cause for respondent (Paul Seligman, attorney; Mr. Seligman and Manuel J. Almeida, on the brief).

Before Judges BAIME, WEFING and BILDER.

The opinion of the court was delivered by WEFING, J.A.D.

Plaintiff appeals from a judgment for $17,500 entered in her favor on April 30, 1997. We agree with her contention that the trial court erred in its instructions to the jury and we reverse.

Plaintiff Ilda Dias and her husband Manuel went to A.J. Seabra's Supermarket on Lafayette Street in Newark, New Jersey on January 25, 1996. The day was clear and cold. There had been a large snow storm two weeks earlier...

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