Insured’s Failure To Timely Notify His Auto Insurer Of An Automobile Accident Bars UM Claim Against Insurance Carrier
On January 4, 2014, plaintiff James Ryan DiMaria (“DiMaria”), a Patterson fire inspector, had an automobile accident with Michelle Rodriguez. Plaintiff claimed that the accident caused him permanent neck and head injuries. There was a dispute concerning whether Rodriguez was at fault for this accident. The issue in DiMaria v. Travelers Insurance Group, 2019 N.J. […]
University Found Potentially Liable To Roofing Contractor Who Was Injured When He Fell Off The Library Roof
Plaintiff, Sonny Cabrera, Jr., an employee of KB Electric Services Company, Inc. (“KB”), was changing lights on top of the University’s library when he fell off the roof because of a loose balustrade and suffered injuries. The issue in Cabrera v. Fairleigh Dickinson University, 2019 N.J. Super. Unpub. LEXIS 2068 (App. Div. October 8, 2019), […]
Appellate Division Finds That Homeowner May Be Responsible For Her Sister’s Fall Due to a Negligently Maintained Handrail
Plaintiff Dawn O’Neill claimed to have suffered a serious injury when she fell down the exterior steps of her sister’s home due to a negligently maintained handrail. The trial court had granted summary judgment to the defendants (plaintiff’s sister and her brother-in-law), determining that they did not breach any duty owed to plaintiff and that […]
Movie Theater Found not Liable for Fall Due to Plaintiff’s Failure to Prove it had Notice of Debris Allegedly Causing the Fall
Plaintiff, Willy Frankel, and his wife were at the defendant Edgewater Multiplex Cinemas, watching a movie, when he slipped and fell after getting up from his seat when the movie ended. The issue in Frankel v. Edgewater Multiplex Cinemas, 2019 N.J. Super Unpub. LEXIS 510 (App. Div. March 7, 2019) was whether the plaintiff was […]
Driver Of Automobile Found Not Liable For Auto Accident When No Ability to Avoid Collision
Plaintiff Cirillo Gonzalez was a passenger in the motor vehicle being operated by defendant Hector Lopez, which was involved in a collision with defendant Everlynia Hudson. The Hudson vehicle entered the roadway in front of the Lopez vehicle without stopping at a stop sign. The issue in Gonzalez v. Lopez, 2019 N.J. Super. Unpub. LEXIS […]
Home Inspectors Found Subject To New Jersey Consumer Fraud Act
This case originated with plaintiff Thomas Shaw contracting to buy a home located in Overlook Court in Hampton Township. He hired the defendant home inspector Brian Shand (“Shand”), sole owner of All Points Home Inspection & Services, to inspect the property, who thereafter e-mailed his report to the plaintiff Jodi Shaw (“Shaw”). Plaintiff Shaw claimed […]
Tractor Trailer Truck Driver Found Not Liable For Auto Accident Caused By Tire Blowout of Minivan In Front Of Truck
The plaintiff Ronald Winnix and his wife defendant Sandra Winnix decided to take an impromptu family visit for the Fourth of July weekend, driving from North Carolina to Brooklyn, New York. Sandra had a concern about the condition of their minivan’s rear tire before they left. On their return home, that tire suffered a blow […]
Expert Testimony Not Needed to Establish Unlit Walkway Drop Off Was A Dangerous Condition
Plaintiff Holly Hughes was a Certified Nursing Assistant who was hired by the defendant decedent’s daughter to provide nursing care to decedent (Leonard Owen) in his home. On her first day of work, as she was leaving work, she tripped and fell at the end of the walkway, apparently due to a substantial drop off. […]
Governor Murphy Signs Two Bills into Law Overturning Haines v. Taft, Permitting Injured Automobile Accident Plaintiffs to Recover Unreimbursed Medical Expenses
On August 15, 2019, New Jersey Governor Murphy signed two bills into law, which overruled the New Jersey Supreme Court opinion in the case of Haines v. Taft. In the Haines case, the Court had held that plaintiffs could not seek to recover unreimbursed medical expenses as part of their damages incurred in an automobile […]
Orthopedist Found Not To Be Qualified To Testify As To Mechanism Of Personal Injury
Plaintiff Jason Rodriguez was injured in a rear end collision and sued the other driver, defendant Faith Sheppard. Liability was conceded and a jury trial was held as to damages only. The issue in Rodriguez v. Mueller, 2019 N.J. Super Unpub LEXIS 1783 (App. Div. August 15, 2019), was whether the plaintiff had suffered sufficient […]
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