Homeowner Not Responsible For Plaintiff’s Injury From Trip Over Raised Sidewalk Due To Tree Root
Plaintiff, Sevim Temiz, while walking past her neighbor’s residential property in Paramus, tripped over a raised portion of the sidewalk and fell. She filed a lawsuit alleging that the defendants Ghanshyam Patel and Bijal Patel negligently maintained their property. The issue in Temiz v. Patel, 2021 N.J. Super. Unpub. LEXIS 604 (App. Div. April 12, […]
Plaintiff Able To Assert Negligent Infliction Of Emotional Distress Claim Against Vet For Decapitating Deceased Cat To Perform Rabies Test
Plaintiff Mario Quesada brought his sick cat Amor to the defendant veterinarian Red Bank Veterinary Hospital where he was diagnosed with saddle thrombus which necessitated euthanization of the cat. Plaintiff was overcome with emotion and was permitted to say goodbye to Amor. During the euthanization process, the cat bit one of the nurses and the […]
Borough Found Not Liable For Slip And Fall Injury Due To Alleged Depression In Grassy Area Of Municipal Park
Plaintiff Suzanne Pagonis tripped and fell while walking across a grassy field at the Crestwood Lake Club, which was a recreational lake swimming complex owned by defendant Borough of Allendale and encompassed a municipal park, Crestwood Park. Her daughter had participated earlier in the day in a softball tournament at the Club’s facilities. Plaintiff fell […]
Slip And Fall Plaintiff Not Required To Prove Notice Of Dangerous Condition If Created By Defendant
The plaintiff Thomas Seeley was injured at Bally’s Casino when he slipped and fell in the public men’s restroom. He had not noticed the moisture on the floor before he fell. The issue in Seeley v. Caesars Entertainment, 2021 N.J. Super. Unpub. LEXIS 446 (App. Div. March 18, 2021), was whether the testimony that the […]
Commercial Landowner Found Potentially Liable For Fall Occurring on Grassy Area Between the Sidewalk and Curb
Plaintiff Quinisha White fell in front of a commercial property while walking from her house to a car in the street. She had stepped into the grassy area between the sidewalk and the curb and lost her balance due to an uneven decline by the curb. She sued the owner of the property, defendant Magyar […]
Retail Store Found To Be Potentially Liable For Trip And Fall Caused By Gap Between Escalator Platform And Floor
Plaintiff Arcelie Williams was injured while shopping at the defendant J.C. Penney store. While on the second level of the store, she attempted to use the escalator to go down to the first level but her foot caught on a metal platform that was immediately in front of and connected to the escalator. She fell […]
Burden to Apportion Damages For Two Successive Accidents Shifted to Defendants If Plaintiff Suffered “Unitary” Harm
Plaintiff Joseph Bucchi was involved in a pedestrian motor vehicle accident after an alleged altercation with defendant Janet DeLuca. After found lying in the street by another individual, he “wobbled into the street,” and was struck by defendant Joan Strothers’ vehicle. The issue in Bucchi v. DeLuca, 2020 N.J. Super. Unpub. LEXIS 2066 (App. Div. […]
Third-Party Complaint Against Municipality Barred Due To Defendant’s Failure To Timely File A Notice Of Tort Claim
Plaintiff Eartha Butler claims that, on March 18, 2018, she suffered injuries after tripping and falling on a sidewalk adjacent to the defendant Badr’s Jersey City private school (“Badr”). Badr was unaware of plaintiff’s claim until seven months after the accident. At that time, it served a notice of tort claim upon Jersey City. The […]
Court Enforces Settlement Agreement Without Insurer Included on Release
Plaintiff Glentina Kupolati sued the Village of Timber Creek Condominium when she slipped and fell on a sidewalk near her home. On the day of trial, the parties’ counsel met to settle the matter with counsel orally agreeing that plaintiff would receive $180,000 and, in return, Kupolati would sign a general release, waiving any claims […]
Supermarket Found Not Liable For Plaintiff’s Fall Due To Water On Store’s Floor
Plaintiff Sara Quejada was shopping with her daughter at defendant’s supermarket when she slipped and fell on water as they were near the checkout area of the store. Plaintiff did not know the source of the water. The issue in Quejada v. ShopRite, 2021 N.J. Super. Unpub. LEXIS 91 (App. Div. Jan. 19, 2021) was […]
Betsy G. Ramos
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