Legal Opinion

O'Shea v. K. Mart Corp.

New Jersey Superior Court Appellate Division

Decided October 21, 1997PublishedCited by 27 opinions

1Opinion of the Court

CARCHMAN, J.S.C.

(Temporarily Assigned).

Plaintiff Sheila O’Shea appeals from an order of the Law Division granting summary judgment to defendant K. Mart Corporation 1 and dismissing plaintiffs complaint. We conclude that plaintiff has raised genuine issues of material fact, and accordingly, we reverse and remand for trial.

While the inferences to be drawn from the facts are contested, the essential facts are not in dispute. Plaintiff was shopping in defendant’s store seeking to buy a golf bag for her niece. She approached the golf bag display which was located on a shelf that was approximately…

2Cases cited11 opinions

  1. Brill v. Guardian Life Insurance Co. of AmericaSupreme Court of New Jersey · 1995
  2. Hopkins v. Fox & Lazo RealtorsSupreme Court of New Jersey · 1993
  3. Butler v. Acme Markets, Inc.Supreme Court of New Jersey · 1982
  4. Bozza v. Vornado, Inc.Supreme Court of New Jersey · 1964
  5. Crawn v. CampoSupreme Court of New Jersey · 1994

6 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Nisivoccia v. Glass Gardens, Inc.Supreme Court of New Jersey · 2003
  2. Janice J. Prioleau v. Kentucky Fried Chicken, Inc.074040)Supreme Court of New Jersey · 2015
  3. Jacquelin Arroyo v. Durling Realty, LLC.New Jersey Superior Court Appellate Division · 2013
  4. Janice J. Prioleau v. Kentucky Fried Chicken, Inc.New Jersey Superior Court Appellate Division · 2014
  5. Carroll v. New Jersey TransitNew Jersey Superior Court Appellate Division · 2004

22 more not listed; retrieve them via the Exa API.

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