SIGNIFICANT CASE SUMMARY
New Jersey Case Summary
Haydee Gallardo v. Walmart
Supreme Court of New Jersey
Docket No. A-65-24, ___ N.J. ____ (089466)
Decided: July 30, 2026
Salting during a snowstorm is not an “unusual circumstance” exception to the ongoing storm rule that would allow a plaintiff to recover.
Background
Plaintiff Haydee Gallardo (Gallardo) slipped and fell in the parking lot of a Walmart on January 3, 2015. There had been an ongoing snowstorm that had started at approximately 11:30 a.m. that morning and continued through 5:00 p.m. that evening. While litigation was ongoing, the Court decided Pareja v. Princeton International Properties, 246 N.J. 546, 559 (2021). Based on Pareja, Walmart moved for summary judgment arguing that it cannot be found liable for negligence in removing snow and ice from their property when there was an ongoing snowstorm. Gallardo argued that under Pareja, salting during a storm is an “unusual circumstance” exception that created an increased risk of slippery conditions. The trial court agreed with Gallardo and denied Walmart’s motion for summary judgment. Gallardo was awarded approximately $1.3 million dollars at trial; Walmart appealed. The Appellate Division vacated the trial court’s judgment and remanded for a new trial. Cross-petitions for certification to the New Jersey Supreme Court followed.
Holding
The New Jersey Supreme Court denied Gallardo’s petition for certification and granted Walmart’s cross-petition. Under Pareja, a commercial landowner’s duty to remove snow and ice does not arise during the storm, but rather within a reasonable time after the storm. Exceptions to this rule exists if there is: (1) a pre-existing risk on the premises that the landowner did not address, or (2) the landowner created an “unusual circumstance” that created an increased risk. The Court found that salting during an ongoing storm is not an “unusual circumstance” that created an increased risk. The Court subsequently found there was no genuine issues of material fact as to whether “unusual circumstances” warranted an exception to the ongoing storm rule, and Walmart was entitled to summary judgment.
Questions about this case can be directed to Mark Sander at (856) 334-0415 ext. 8915 or msander@tthlaw.com.