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WALKER v. COSTCO WHOLESALE

DOCKET NO. A-2493-14T2

136 A.3d 436 (2016)

445 N.J. Super. 111

Richard WALKER and Kathleen Walker, his wife, Plaintiffs-Appellants, v. COSTCO WHOLESALE WAREHOUSE, Individually and d/b/a Costco of Ocean Township, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 1, 2016.

Attorney(s) appearing for the Case

Rui O. Santos , Lakewood, argued the cause for appellants (Shebell & Shebell, LLC, attorneys; Thomas F. Shebell, III , Shrewsbury, of counsel; John H. Sanders, II , of counsel and on the briefs).

Robert A. Ballou, Jr. , Toms River, argued the cause for respondent ( Garvey Ballou , attorneys; Mr. Ballou, of counsel and on the briefs).

Before Judges SABATINO, O'CONNOR and SUTER.

The opinion of the court was delivered by

In this slip-and-fall case, plaintiff appeals a judgment for the defendant wholesale store entered after the trial court declined his request to instruct the jury with a mode-of-operation liability charge. For the reasons that follow, we vacate the judgment and order a new trial...

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