Kurc v. All Star One, 2018 N.J. Super. App. Div. Unpub. LEXIS 915 Docket No. A-3316-16T1

A step onto and off a cheerleading mat when child was in the path did not imply negligence on facility.

The plaintiff appealed summary judgment for a claim of injury when she stepped onto and off of a four-inch raised cheerleading mat. The plaintiff was taking her granddaughter to the event and stepped onto the mat because another child was seated in the walkway. The court affirmed the motion for summary judgment, finding that there was no action nor inaction of the defendant that lead to an unsafe condition nor lack of care to be the proximate cause of injury. There was no constructive notice that the walkway was blocked.

 

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