Krupka v. Cherry Hill Towers LLC, is a presmise liability action involving black ice.  Krupka brought suit against her apartment complex for injuries sustained when she slipped and fell on the adjacent sidewalk.  Before leaving for work that morning, Krupka had observed from her apartment window a slight accumulation of snow on the grass and parked cars.  However, the sidewalks appeared clear.  Krupka testified that, while walking to her car, she did not see any ice on the sidewalk despite looking “very clearly – very carefully”.  After walking approximately 15-20 feet down the sidewalk, she slipped and fell on black ice.  There was no evidence of any prior complaints or injuries due to ice on the defendant’s property.

The jury returned a verdict in Krupka’s favor following which the defendant moved to set aside that verdict.  The court granted the defendant’s motion after determining that there was no testimony whatsoever touching on the defendant’s notice of the alleged icy condition.  The appellate court upheld the trial court’s decision, noting that there was insufficient evidence that the defendant had actual or constructive notice of the alleged defective condition.

Thanks to Heather Aquino for her contribution to this post.

http://www.judiciary.state.nj.us/opinions/a4570-10.pdf