Katherine Nisivoccia and Raymond Nisivoccia, Plaintiffs-Appellants v. Glass Gardens, Inc., D/B/A Shoprite of…

Summary

The Supreme Court of New Jersey reversed the directed verdict and held that the plaintiff was entitled to a mode‑of‑operation instruction, shifting the burden to the supermarket to prove due care for the spillage of grapes at the checkout area. The court applied the Wollerman rule that a business’s inherent risk creates an inference of negligence. Justice LONG filed a concurring opinion affirming the same principle.