Steven Rodas | NJ Advance Media for NJ.com
Grapes sold in closed clamshell containers — as opposed to open-top bags — “ not create a reasonably foreseeable risk that grapes will fall to the ground in the process of ordinary customer handling,” according toAleice Jeter, 56, slipped and fell in the “main aisle” of the Sam’s Club wholesale store in Linden in the spring of 2017, court documents showed.
The New Jersey Supreme Court, which began to hear the case Jan. 3, said Thursday that Sam’s Club was aware it “wasn’t uncommon” for customers to open the clamshell containers. However, during proceedings an assistant store manager “indicated that practice was viewed as tampering and was ‘frowned upon.’”, Jeter wanted a jury to consider if the “mode of operation” rule applied in her case.
In its decision, the court said it agreed that the grocery store opted for sealed containers instead of open-top plastic bags that have previously shown to “create a foreseeable risk.”
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