A New Jersey appeals court has ruled that a jury should have been given the mode-of-operation charge in a case involving a man who alleged that he slipped and fell on a free food sample on the floor of a Costco wholesale store.
A three-judge Appellate Division panel, in a reported decision issued April 1, overturned a verdict in favor of the wholesaler and said a jury should be allowed to determine whether the substance on which the plaintiff slipped actually came from one of the ubiquitous free sample stands that dot Costco’s aisles.
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