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Lynette Caldwell v. Modern Facilities Services

November 20, 2012

LYNETTE CALDWELL, PLAINTIFF-APPELLANT,
v.
MODERN FACILITIES SERVICES, DEFENDANT-RESPONDENT



On appeal from the Superior Court of New Jersey, Law Division, Hudson County, Docket No. L-398-09.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted December 12, 2011 -

Before Judges A. A. Rodriguez and Fasciale.

In this slip and fall case, pro se plaintiff appeals from the entry of summary judgment to defendant dismissing her complaint.*fn1 We affirm.

In reviewing a grant of summary judgment, we apply the same standard under Rule 4:46-2(c) that governs the trial court. See Liberty Surplus Ins. Corp. v. Nowell Amoroso, P.A., 189 N.J. 436, 445-46 (2007). We must "consider whether the competent evidential materials presented, when viewed in the light most favorable to the non-moving party, are sufficient to permit a rational factfinder to resolve the alleged disputed issue in favor of the non-moving party." Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 540 (1995). Viewed most favorably to plaintiff, the summary judgment record established the following facts.

Plaintiff slipped and fell on a rubber mat at a PATH train station in Jersey City. Defendant placed the mat down due to inclement weather, which consisted of a mixture of melted snow and rain. At plaintiff's deposition, she testified that

A: When I first got to the incline [leading to the train,] there was a wet floor sign.

Q: Can you describe . . . [the] wet floor sign . . .?

A: It was a yellow cone.

Q: And that was at the beginning of the incline?

A: Right.

Q: About how many steps into the incline did you take before you slipped and ...


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