Nisivoccia v. Glass Gardens, Inc.

The opinion of the Court was delivered by

LaVECCHIA, J.

When approaching the checkout lanes in a supermarket, plaintiff Katherine Nisivoccia slipped and fell on some loose grapes lying about. The proofs did not show how the grapes came to be on the floor or how long they had been there. It was undisputed, however, that in the produce area grapes were displayed in open-top, vented plastic bags that permitted spillage. The question before us is whether Wollerman v. Grand Union Stores, Inc., 47 N.J. 426, 221 A.2d 513 (1966), applied, entitling plaintiff to an inference of negligence because the…