ANGELO v. CVS HEALTH CORPORATION

District Court, D. New Jersey·Decided December 30, 2024·No. 2:19-cv-12215·Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

JOAN ANGELO and LARRY ANGELO,

wife/husband, Civil Action No. 19-12215 (JXN) (AME)

Plaintiffs,

v. OPINION

CVS HEALTH CORPORATION; CVS HEATH CORPORATION d/b/a CVS PHARMACY; JOHN DOE #1-10 (fictitious) and ABC CORPORATION #1- 10 (fictitious),

Defendants.

NEALS, District Judge:

This matter comes before the Court on Defendant New Jersey CVS Pharmacy, LLC’s (“CVS”) motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 (ECF No. 56). Plaintiffs Joan Angelo and Larry Angelo (“Plaintiffs”)1 oppose the motion and cross move for summary judgment (ECF Nos. 60-61). Jurisdiction and venue are proper pursuant to 28 U.S.C. §§ 1332 and 1441(a), respectively. The Court has carefully considered the parties’ submissions and decides this matter without oral argument under Federal Rule of Civil Procedure 78(b) and Local Civil Rule 78.1(b). For the reasons set forth below, CVS’s motion for summary judgment (ECF No. 56) is DENIED, and Plaintiffs’ cross-motion for summary judgment (ECF No. 61) is GRANTED in part, to the extent the Court finds that CVS owed Angelo a duty of care, and DENIED in part.

1 Unless otherwise specified, references to “Angelo” in this Opinion concern Joan Angelo. I. BACKGROUND AND PROCEDURAL HISTORY A. The Incident This action arises from a slip-and-fall accident that Angelo experienced on property adjacent to a CVS retail store in North Arlington, New Jersey, on April 10, 2017. (CVS’s Rule 56.1(a) Statement of Material Facts (ECF No. 56-2) (“DSOF”)” § 1; Plaintiffs’ Response to Defendant’s Statement of Material Facts (ECF No. 61-5) (“PRSOF”) § 1). On the day of the incident, Angelo had driven to the store, parked her car, and began walking towards the entrance of the CVS store. (DSOF § 4; PRSOF § 4). During her deposition, Angelo testified that her path of travel is depicted below, highlighted by a red arrow:

Ll bei J = i Hl © a oe) old a pal i ia Saaa | ae eee heen

meray ae Seen Ra —

(DSOF 4 5; PRSOF § 5). As Angelo was walking in the dirt region depicted above, she tripped in the dirt area between the curbs abutting the parking lot and sidewalk for the entrance of the CVS

For brevity, all citations to the parties’ Rule 56.1 statements incorporate the evidentiary citations contained therein.

store. (DSOF ¶ 6; PRSOF ¶ 6). Angelo was unable to identify what caused her to fall in the dirt area. (Certification of Samuel F. Goffinet (“Goffinet Cert.”) Ex. D, ECF No. 56-9 at 23:13-15). However, Angelo testified that when she fell, her “right knee went first and then [her] left went down and [she] twisted.” (Id. at 23:21-24:2). Angelo testified she “went down in the dirt, but

[her] arm ended up on the concrete because [she] scraped [her] hands.” (Id. at 24:3-8). Thereafter, Angelo walked into the CVS store and complained to a clerk that she had “fallen outside” and “showed him [her right] knee was bleeding” and her “left knee was red.” (Id. at 28:18-29:1). Angelo then “asked if there was a manager[,]” and then explained to the manager what happened to her. (Id. at 29:4-8). Angelo testified that “[t]he clerk and [manager] both said to [her] that [she was] not the only one who’s fallen there, everyone comes in and complains about that.” (Id. at 29:8-11). In an incident report taken that day, the manager described the incident as follows: “CUSTOMER WALKING IN FROM PARKING LOT – CUSTOMER LOS[T] FOOTING WHERE DIRT AREA AND CEMENT WERE AND FELL[.]” (Certification of Michael E. Ellery

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