Nancy Gilbert v. Costco Wholesale Corporation, et al.

Summary

The United States District Court for the District of New Jersey denied Costco Wholesale Corporation’s motion for summary judgment in a premises-liability negligence action arising from Nancy Gilbert’s trip over a partially empty wooden pallet in a Costco store. The court held that genuine disputes of material fact remained regarding the pallet’s visibility, the danger it presented, Plaintiff’s awareness and distraction, and the layout and condition of the pallets, requiring resolution by a jury.

Holdings

1. Under New Jersey law, the fact that a condition is open and obvious does not automatically eliminate a business owner's duty of care; the possessor may remain liable when it should anticipate harm despite the invitee's knowledge or the condition's obviousness.
2. Summary judgment was inappropriate because genuine disputes of material fact remained concerning the pallet's layout and condition, Gilbert's awareness of the hazard, whether her attention was distracted, and whether the condition presented a foreseeable risk of injury.

Questions Presented

1. Whether Costco was entitled to summary judgment on Gilbert's New Jersey negligence claim because the pallet was open, obvious, and known to her.
2. Whether genuine disputes of material fact existed concerning Gilbert's awareness of the pallet and its danger, her ability to appreciate and avoid the hazard, and the layout and condition of the pallets.
3. Whether the court could resolve the negligence and comparative-negligence issues as a matter of law rather than submitting them to a jury.

Disposition

other