Skip to main content
Weiner Law Group LLP. Logo
  • Departments
    • Business Divorce
    • Cannabis
    • Corporate & Business Law
    • Criminal Defense
    • Education Law
    • Family Law
      • High-Net-Worth Divorce
    • Government & Public Entity Law
    • Intellectual Property
    • Labor and Employment
    • Land Use & Environmental Law
    • Litigation
    • Estate Planning
    • Real Estate
    • Workers Compensation
  • Attorneys
  • Resources
    • New Jersey Law Blog
    • Case Results
    • Firm News
    • Live Events
  • Service Areas
    • Parsippany
      • Divorce
    • Jersey City
      • Divorce
      • High-Net-Worth Divorce
      • Prenuptial Agreements
    • Old Bridge
      • Divorce
    • Woodbridge Township
    • Bridgewater
      • Divorce
    • Clifton
      • Divorce
    • Elizabeth
      • Divorce
    • Bergen County
      • Divorce
      • High-Net-Worth Divorce
      • Prenuptial Agreements
    • Hudson County
      • Divorce
    • Union County
    • Union City
    • North Bergen
    • Red Bank
      • Divorce
    • Hoboken
      • Prenuptial Agreements
      • High-Net-Worth Divorce
    • Livingston
      • High-Net-Worth Divorce
    • Atlantic City
  • Contact
  • Pay Online

An Icy Decision from the Appellate Division

Home > An Icy Decision from the Appellate Division
Schedule a Consultation
Tuesday, Sep 17, 2024 | By Jason Mastrangelo | Read Time: 2 minutes | Blog

In the recent case, Sterlacci v. Wawa Food Mkt., No. A-3572-22, 2024 WL 3948611, (N.J. Super. Ct. App. Div. Aug. 27, 2024), the Appellate Division reversed the Trial Court on the issue of whether the defendant had constructive notice of an ice condition. 

In Sterlacci, the plaintiff went to the defendant’s gas station and convenience store between midnight and 12:30 am. Although it was not raining or snowing at that time, there was a snowstorm that started two days prior and continued into the day before the incident. 

Per the plaintiff, it was freezing cold at the time of the incident.  After exiting her vehicle, the plaintiff walked to the store’s entrance and slipped and fell on black ice, which the plaintiff claimed she did not see prior to falling. 

The plaintiff then observed additional black and shiny ice on the parking lot surface, but no evidence of salt or sand where she parked to prevent someone from slipping. Plowed snow was observed pushed up along the edge of the parking lot in front of the parking spaces. 

One of the defendant’s employees that was standing by the gas pumps responded to the incident and observed the ice on the ground. The employee admitted that the area where the plaintiff fell should have been salted or cordoned off.

The Trial Court granted summary judgment to the defendant, finding that the plaintiff’s claims were speculative because she did not demonstrate that the defendant had actual or constructive notice of the subject black ice. 

The Court noted that the plaintiff did not have any difficulty driving on the roads of the parking lot, and also that the plaintiff could not prove constructive notice of the condition without expert support detailing how the ice had formed by the time the plaintiff fell. 

The Court opined that the plaintiff had to explain how the ambient air and ground temperatures following the snowstorm caused black ice.

The Appellate Division reversed the Trial Court on the issue of constructive notice. The Appellate Division reasoned that it had snowed over the course of two days prior to the incident, that the defendant had plowed snow and ice to allow customers to access its store, and that the snow was pushed up in front of the parking spaces. 

The Appellate Division held that a reasonable jury could infer, without an expert, that the snow plowed to the edge of the parking spaces melted during the day, and the resulting water leaked onto the parking lot and formed black ice with the freezing cold temperature that night based on the plaintiff’s photographs showing melted snow. 

A reasonable jury could then find the defendant was negligent in failing to take precautions by applying a substance to prevent the ice from forming.

In the northeast, we frequently encounter black ice conditions. A good inspection procedure that ensures they are discovered quickly, particularly around areas where snow has been piled up, can prevent these slip and fall incidents and subsequent liability due to them.

"*" indicates required fields

Address
HOW WOULD YOU LIKE TO BE CONTACTED? Check all that apply.
Check all that apply.
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
Disclaimer
This field is for validation purposes and should be left unchanged.

"*" indicates required fields

For Legal Service That's Above and Beyond, Contact Weiner Law Group LLP Today All Consultations Are Confidential * Required Fields
HOW WOULD YOU LIKE TO BE CONTACTED? Check all that apply.
Check all that apply.
Completing this form does not create an attorney/client relationship between you and the attorneys of Weiner Law Group (the Firm). No attorney/client relationship occurs unless and until you sign an agreement confirming the nature and scope of representation. The Firm will maintain the information provided in this form with due care, however, do not assume confidentiality exists, until an attorney/client relationship is formed through completion of a retainer agreement. This form and any verbal consultation are for informational purposes only and do not contain legal advice. Please do not act or refrain from acting based on anything you read on this form or discuss with our attorneys prior to establishing a formal attorney/client relationship.
This field is hidden when viewing the form
This field is for validation purposes and should be left unchanged.

Weiner Law Group LLP. Logo
  • Parsippany

    629 Parsippany Road
    Parsippany, NJ 07054

    (973) 403-1100

    (973) 403-0010

  • Red Bank

    331 Newman Springs Rd Bldg. 1, Suite 136
    Red Bank, NJ 07701

    (732) 978-1210

    (732) 978-1201

  • Bridgewater

    1200 Rte. 22 East Suite 10
    Bridgewater, NJ 08807

    (732) 399-9710

    (732) 399-9701

  • New York

    90 Broad Street Suite 1802
    New York, NY 10004-2627

    (646) 273-0275

    (732) 399-9701

  • Hoboken

    79 Hudson Street Suite 502
    Hoboken, NJ 07030

    (551) 430-7070

    (551) 430-7080

  • Bayonne

    33 W 8th Street, Second Floor
    Bayonne, New Jersey 07002

    (201) 436-1198

    (201) 436-0314

  • © 2025 Weiner Law Group LLP..
  •  | All Rights Reserved.
  •  | Sitemap
  •  | Disclaimer
Site By:

"*" indicates required fields

Contact Us for a Consultation Schedule your free consultation.
This field is for validation purposes and should be left unchanged.