New Jersey Appellate Division Affirms Summary Judgment for Defense in Premises Liability Suit

In MacKenn v. Agios Haralambos Corp., the New Jersey Superior Court, Appellate Division, considered a premises liability case arising from the plaintiff’s fall on an allegedly buckled mat while entering a restaurant. The trial court granted the defendants’ motion for summary judgment. In a brief opinion, the Appellate Division observed that there was no evidence of how long the mat had been buckled. Accordingly, the plaintiff could not establish that the defendants had actual or constructive notice of a dangerous property condition. The Court also noted that there was no evidence that the defendants had violated a duty to inspect the property. Furthermore, the Court observed that a security video of the accident demonstrated that the mat had a slightly raised area that the plaintiff did not trip on. The Court therefore affirmed the trial court’s order granting summary judgment for the defendants.