In a recent unpublished decision, the New Jersey Appellate Division revived a negligence lawsuit filed by Plaintiff Jamie Sterlacci against Wawa Food Market. Sterlacci, who slipped and fell on black ice in Wawa’s parking lot, challenged the trial court’s dismissal of her case. The appellate court ruled that there were enough factual disputes to warrant a trial, particularly on whether Wawa had constructive notice of the hazardous condition.
Sterlacci visited a Wawa store in Rahway, New Jersey, around midnight on February 17, 2021. Although the main roads were clear, remnants of a snowstorm from two days earlier left black ice in the parking lot. Sterlacci slipped and fell on this ice, sustaining permanent back injuries. She argued that Wawa failed to provide a safe environment by neglecting to address the icy conditions in the lot.
A Wawa employee who witnessed the incident admitted the area should have been salted or cordoned off. However, the trial court granted summary judgment to Wawa, stating that Sterlacci’s claims were “speculative” because she had not proven Wawa had actual or constructive notice of the ice.
The appellate court reversed the lower court’s summary judgment, finding there was a genuine issue of material fact regarding Wawa’s constructive knowledge of the icy condition. The court noted that the snowstorm occurred two days prior, and melting snow could have refrozen into black ice. It emphasized that a reasonable jury could infer Wawa knew or should have known about the hazard and failed to take proper precautions, like applying salt.
This decision reinforces the importance of maintaining safe premises for business owners, especially after winter weather events. Property owners must remain vigilant and address potentially hazardous conditions, such as ice, to avoid potential liability for accidents.
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