Nisivoccia v. Glass Gardens, Inc.
Supreme Court of New Jersey
818 A.2d 314 (2003)
Katherine Nisivoccia, and her husband Raymond, (plaintiffs) filed suit against Glass Gardens, Inc., doing business as Shop-Rite or Rockaway (Shop-Rite) (defendant), after she stepped on a grape with the heel of her right shoe, slipped, and fell inside the grocery store near the checkout aisles. After she had fallen, Nisivoccia noticed several other grapes within a three-foot diameter around her. At trial, Shop-Rite presented two store employees who worked on the day of the incident. A Shop-Rite customer service clerk testified that he completed an incident report, but failed to provide any detailed description of the accident area. The store’s assistant manager testified that the grapes arrive from the wholesaler in clear plastic bags that are open at the top and which are then placed in the produce area for purchase by customers. Consequently, the assistant manager acknowledged that grapes sometimes fall out of the bags and onto the floor near the produce area or the checkout aisle. At the close of all the evidence, Nisivoccia was denied an inference of negligence by the trial court. Instead, the trial court granted Shop-Rite a directed no-cause verdict because Nisivoccia failed to produce any evidence of the store’s actual or constructive notice of a dangerous condition. Nisivoccia appealed. The appellate division affirmed the judgment of the trial court. The Supreme Court of New Jersey granted certiorari to review.
Rule of Law
Holding and Reasoning (LaVecchia, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.