Gross v. Waldbaum, Inc.

OPINION OF THE COURT

S. Herman Klarsfeld, J.

This is a bifurcated negligence action tried by the court without a jury on the issue of liability alone. The case arises out of personal injuries sustained by the plaintiff while she was waiting at a checkout line in defendant’s supermarket on October 15, 1978.

FINDINGS OF FACT

An unknown woman shopper standing on line in front of the plaintiff had placed a large soda bottle in the jump seat (sometimes called the baby seat) of her shopping cart, which fell from the cart and crashed onto the plaintiff’s foot causing her injuries.

The plaintiff was…