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 jury instruction on the mode‑of‑operation doctrine, allowing an inference of negligence under Wollerman because the store’s self‑service checkout created a foreseeable risk of grapes falling onto the floor. The court remanded for further proceedings. Justice LONG, in a concurring opinion, agreed with the majority and clarified that the doctrine applies to any area of the store where the business’s method creates the hazard.