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Mode Of Operation Does Not Apply Just Because Self Service Bins Are Present.

November 23, 2011

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<p style="text-align: left;">In Cordasco v. Walgreen's, the New Jersey Appellate Division affirmed an order granting summary judgment to Walgreen's. Plaintiff claimed that she was walking down an aisle in Walgreen's and that as she approached the end of the aisle, she slipped and fell on a waxy /crayon like substance on the floor next to 2 self servce bins containing mechandise. She had no idea where the substance on the floor came from, how long it had been there or whether any Walgreen employee knew about it prior to her fall. Plaintiff alleged that she was entitled to an inference of negligence under the mode of operation rule because Walgreen's was engaged in a self service operation in the area where she fell.
The Appellate Division affirmed summary judgment finding no evidence that the self service bins contained open bags or containers, that the waxy / crayon type material was in the bins for sale or that the substance on the floor came from the bins. It therefore found that the mode of operation rule did not apply and that Plaintiff was required to prove actual or constructive notice which she could not do.
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