Janice J. Prioleau v. Kentucky Fried Chicken, Inc.
85 A.3d 1015
N.J. Super. Ct. App. Div.2014Background
- Plaintiff slipped on a wet/greasy floor outside the ladies' room in a Cherry Hill KFC during a heavy rain on Dec 26, 2009.
- Witnesses, including plaintiff's son and daughter, also slipped while assisting plaintiff; another patron helped her up.
- Plaintiff sustained neck, back and hand injuries with subsequent medical treatment; she missed no wages and returned to work.
- Defendants' store policy showed no floor inspection prior to the accident; Lovato testified no pre-accident floor checks were performed.
- Trial included evidence about kitchen-to-dining area grease exposure and a warning cone erected after the incident; judge allowed mode-of-operation instruction.
- Jury awarded plaintiff $250,000 with 51% negligence against defendants; final judgment $138,643.09 including prejudgment interest, on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of a directed verdict was proper | Prioleau showed constructive notice through conditions and weather patterns. | No proof of actual/constructive notice or the substance; insufficient evidence. | Directed verdict denial affirmed; however, remand for new trial due to mode-of-operation error. |
| Whether mode-of-operation liability was correctly applied | Operation created a danger; notice not required. | Mode-of-operation not applicable; danger not tied to operation. | Mode-of-operation instruction improper; reversed verdict and remanded for new trial. |
| Whether plaintiff's prior medical records could be used on cross-examination | Records pre-date accident; admissible to impeach credibility. | Records admissible to challenge causation; cross-exam should be broad. | Evidentiary rulings to limit records affirmed; remand may require further analysis. |
Key Cases Cited
- Nisivoccia v. Glass Gardens, Inc., 175 N.J. 559 (2003) (mode-of-operation limited to inherent business risks)
- Bozza v. Vornado, Inc., 42 N.J. 355 (1964) (inference of negligence where danger arises from business operation)
- Wollerman v. Grand Union Stores, Inc., 47 N.J. 426 (1966) (foundation of mode-of-operation doctrine)
- Smith v. First Nat. Stores, 94 N.J. Super. 462 (1967) (creation of dangerous condition by defendant may negate notice need)
- Craggan v. IKEA U.S., 332 N.J. Super. 53 (2000) (mode-of-operation doctrine in self-service contexts)
- Ryder v. Ocean Cnty. Mall, 340 N.J. Super. 504 (2001) (spills in common areas create duty without strict notice)