Fullerton Beck won summary judgment in New Jersey Superior Court in Essex County in a premises liability matter involving a woman who allegedly fell and suffered soft tissue injuries while shopping in a New Jersey grocery store. The plaintiff sued the supermarket and Fullerton Beck’s client, a maintenance company hired by the supermarket to provide nightly floor cleaning, floor scrubbing and refinishing services for the entire store.
Fullerton Beck moved for summary judgment after discovery and non-binding arbitration, arguing that the plaintiff could not establish that the maintenance company owed her a duty of care, no proof of actual or constructive notice, and no evidence that any work performed by the maintenance company caused the plaintiff’s injuries.
The court granted Fullerton Beck’s motion and dismissed the case with prejudice, confirming, on the record, that the plaintiff failed to establish by competent evidence that the maintenance company owed the plaintiff a duty in the first instance.