Insights
New Jersey’s Highest Court Limits the Mode of Operation Doctrine
April 20, 2022
Jennifer Moran has significant experience defending general liability matters in New Jersey state and federal courts. She represents a broad client base, including commercial property owners, property and construction managers, construction companies, manufacturers, restaurants, hotels, golf courses and telecommunications companies. Jennifer is known for her ability to conduct swift investigations for new claims, provide substantive, timely reporting and communications with clients and insurers throughout a case. She always listens to the client’s needs and incorporates those needs with available strategies including early resolution.
Much of her experience comes from defending claims against one of the largest real estate investment trusts in the New York Metro area and large-scale residential properties throughout New Jersey. While defending claims, conducting pre-suit investigations, and working with the client’s employees, legal department and insurance carrier, Jennifer stays focused on the cost-benefit factors critical to her client’s bottom line.
Jennifer also provides pro bono services to juvenile non-citizen immigrants through the Rutgers Law Clinic.
Jennifer Moran has significant experience defending general liability matters in New Jersey state and federal courts. She represents a broad client base, including commercial property owners, property and construction managers, construction companies, manufacturers, restaurants, hotels, golf courses and telecommunications companies. Jennifer is known for her ability to conduct swift investigations for new claims, provide substantive, timely reporting and communications with clients and insurers throughout a case. She always listens to the client’s needs and incorporates those needs with available strategies including early resolution.
Much of her experience comes from defending claims against one of the largest real estate investment trusts in the New York Metro area and large-scale residential properties throughout New Jersey. While defending claims, conducting pre-suit investigations, and working with the client’s employees, legal department and insurance carrier, Jennifer stays focused on the cost-benefit factors critical to her client’s bottom line.
Jennifer also provides pro bono services to juvenile non-citizen immigrants through the Rutgers Law Clinic.
Jennifer Moran (Partner-Madison, NJ) and Brianna Cyr (Associate-Madison, NJ) secured summary judgment in the Superior Court of New Jersey, Hudson County, on behalf of Wilson Elser’s client, a retail convenience store corporation (the store), in a high-exposure premises liability case involving a $1.5 million settlement demand and more than $1 million in claimed medical expenses. The plaintiff alleged permanent disability, including Complex Regional Pain Syndrome, after a slip and fall at the store. Her claimed damages were supported by extensive medical treatment, including multiple surgeries and a spinal stimulator implant. After nearly three years of contentious litigation, the matter was set for trial, with the plaintiff consistently refusing to negotiate below a seven-figure settlement demand.
Throughout the litigation, plaintiff's counsel sought to expand discovery, advance new liability and damages theories, and capitalize on deposition testimony from a former store employee who claimed the facility’s floors were "slippery even when dry" and that cleaning protocols were inconsistent. The plaintiff also relied on photographs purportedly showing debris and unsanitary conditions throughout the store, attempting to link the conditions to the alleged incident.
Jennifer and her team remained committed to a carefully executed defense strategy that culminated in a strategically timed motion for summary judgment on the issue of liability. They successfully demonstrated that the former employee's observations were made months after the incident and were therefore irrelevant to the condition of the premises at the time of the plaintiff's fall. They also established that the plaintiff could not identify what caused her to slip, could not prove how long any alleged hazardous condition existed, and relied on photographs that did not depict the area where the incident occurred.
Relying on controlling New Jersey law, including Nisivoccia v. Glass Gardens and Davis v. Brickman, Jennifer argued that the plaintiff's theory, if permitted by the court, would effectively impose strict liability on retail stores for any alleged “slippery” condition, without evidence of a dangerous condition or notice. The court adopted this reasoning, finding that the plaintiff's bare assertions and generalized complaints were insufficient as a matter of law, and granted summary judgment in the client's favor, dismissing all claims with prejudice.
Jennifer L. Moran and Brianna L. Cyr