Cignarella v. Anjoe-A.J. Market, Inc.

*561Plaintiff allegedly sustained personal injuries in July 2005 when she tripped and fell at a local supermarket. She alleged that her foot got caught in a plastic or nylon looped tie wrap, used by defendants to secure newspapers, which was laying on the concrete sidewalk inside the shopping cart security barrier, immediately adjacent to the customer entrance. Plaintiff fell to the ground, fractured her left shoulder, and tore her rotator cuff.

Based on deposition testimony that this debris was clearly visible at the time plaintiff fell, defendants have not established entitlement to summary…