FRANTASIA PARKER, a minor by her Guardian Ad Litem, Saniyah Lane, and SANIYAH LANE, Individually, Plaintiffs-Appellants,
STOKES ELEMENTARY SCHOOL, TRENTON BOARD OF EDUCATION, Defendants-Respondents.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted November 6, 2013
On appeal from Superior Court of New Jersey, Law Division, Mercer County, Docket No. L-3001-10.
Stark & Stark, P.C., attorneys for appellants (Denise M. Mariani, of counsel and on the brief).
Methfessel & Werbel, attorneys for respondents (William S. Bloom and Kyle E. Vellutato, on the brief).
Before Judges Espinosa and Koblitz.
Plaintiff's mother commenced this suit, alleging that her then eight-year-old daughter, Frantasia Parker, suffered personal injuries when at lunchtime on October 30, 2009, she slipped and fell on a wet floor in her Trenton elementary school cafeteria. The motion judge granted summary judgment to defendant by order dated October 26, 2012, and denied reconsideration without further oral argument on January 2, 2013. Plaintiff now appeals, arguing the motion judge mistakenly concluded that there was no evidence of notice given to the school of any dangerous condition that might have caused the fall. We affirm.
Frantasia testified that around the time she fell, she saw a school custodian mopping up a spill on the other side of the cafeteria without placing warning signs around the spill. After she ate lunch, she left her seat to ask her principal a question. She did not notice the floor was wet, but testified that when she fell her hands got wet. She stated that the school principal and guidance counselor were seated close to where she fell and that a security guard was also nearby, all of whom saw her fall and were in a position to see the dangerous condition of the wet floor before she fell.
We review a grant of summary judgment de novo, using the same standard that applied in the trial court. Town of Kearny v. Brandt, 214 N.J. 76, 91 (2013). That standard is "'whether the evidence presents a sufficient disagreement to require submission to a jury or whether it is so one-sided that one party must prevail as a matter of law.'" Brill v. Guardian Life Ins. Co. of Am., 142 N.J. 520, 536 (1995) (quoting Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 251-52, 106 S.Ct. 2505, 2512, 91 L.Ed.2d 202, 214 (1986)); R. 4:46-2(c).
The mere occurrence of an incident causing an injury is not alone sufficient to impose liability. Long v. Landy, 35 N.J. 44, 54 (1961). Under the New Jersey Tort Claims Act (TCA), N.J.S.A. 59:1-1 to 12-3, the test applicable to plaintiff's claim against the defendant is set forth in N.J.S.A. 59:4-2:
A public entity is liable for injury caused by a condition of its property if the plaintiff establishes that the property was in dangerous condition at the time of the injury, that the injury was proximately caused by the dangerous condition, that the dangerous condition created a reasonably foreseeable risk of the kind of injury which was incurred, and that either:
a. a negligent or wrongful act or omission of an employee of the public entity within the scope of his employment created the dangerous condition; or
b. a public entity had actual or constructive notice of the dangerous condition under section 59:4-3 [definitions of actual and constructive notice] a sufficient time prior to the injury to have taken ...