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Under New Jersey’s Ongoing Storm Doctrine, summary judgement is appropriate in slip-and-fall accident occurring during a snow storm while snow removal contractor was on-site and working.

April 1, 2019
Oyebola v. Wal-Mart Stores, Inc., A-1733-17, 2019 N.J. Super. Unpub. LEXIS 432 (App. Div. Feb. 25, 2019)

This is another case where timing matters. The plaintiff arrived at Wal-Mart after it had been snowing heavily for approximately three hours. At that time, the snow removal contractor had been on site for approximately one hour, performing snow removal services. Nonetheless, the plaintiff claimed she slipped and fell on snow and ice between her car and the adjacent parked car when she attempted to get into her vehicle to go home. The plaintiff commenced a personal injury suit, and the trial court granted summary judgment in the defendant’s favor, concluding no reasonable jury could find the defendant negligent under these facts. The Appellate Division affirmed, finding that the defendants were not obligated to remove snow and ice between parked cars until the cars moved or the snow stopped falling, and within a reasonable timeframe for the snow removal to occur.

 

Case Law Alerts, 2nd Quarter, April 2019

Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. Copyright © 2019 Marshall Dennehey Warner Coleman & Goggin, all rights reserved. This article may not be reprinted without the express written permission of our firm.

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