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Tina Lee v. Shoprite

May 9, 2012

TINA LEE, PLAINTIFF-APPELLANT,
v.
SHOPRITE, DEFENDANT-RESPONDENT.



On appeal from the Superior Court of New Jersey, Law Division, Passaic County, Docket No. L-518-10.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued March 27, 2012

Before Judges Yannotti and Guadagno.

In this slip and fall case, plaintiff Tina Lee appeals from the August 19, 2011 Law Division order, which granted summary judgment to defendant ShopRite and dismissed her complaint. She also appeals the October 6, 2011 order denying her motion for reconsideration. We affirm.

I.

On the morning of June 29, 2008, plaintiff went to a ShopRite store in Passaic to purchase ice cream. After reaching into the freezer to get two containers of ice cream, plaintiff slipped and fell while walking away. Plaintiff did not notice anything on the floor before she fell, but after a friend helped her up, she noticed her pants were wet on her left side and observed a puddle of water approximately 8 by 10 inches. After the fall, plaintiff was taken to a local hospital and treated. Plaintiff filed a negligence complaint against ShopRite, claiming she suffered "severe and permanent injuries."

During her deposition testimony, plaintiff admitted she did not know where the water came from:

Q: Do you know where the water came from?

A: You know how when something is leaking, like, your refrigerator may be leaking, it was coming, like, out of there. That's the only place.

Q: That's what you're assuming?

A: Yes, that it was a leak.

Q: Do you know from any source, from speaking to anybody, or from any other source, where the ...


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