Cara Manz of our New Jersey office recently obtained summary judgment on behalf of our clients, a franchisee, its management company, and the owner of the property. Plaintiff allegedly slipped and fell due to a substance on the floor and a napkin. Ms. Manz successfully argued that the Mode of Operation doctrine was inapplicable to the premises and that Plaintiff was required to prove Defendants had notice of the dangerous conditions. The Court found that the Mode of Operation doctrine was inapplicable, thereby making notice of the condition a requirement, and that Defendants had established a lack of actual or constructive notice of the alleged conditions. Ms. Manz also successfully argued against an adverse inference charge which Plaintiff sought to due alleged spoliation of the video. The Court ruled in Defendants’ favor, finding no merit to Plaintiff’s argument that there was any spoliation shown. This was a high exposure case where plaintiff’s demand was in the seven figures.
