Offer of Judgment Sanctions Found Inapplicable in Multidefendant Case
Plaintiff Josh Willner suffered an injury while climbing a rock climbing wall that was owned by his employer (Ivy League Day Camp). He sued the camp, the manufacturer of wall and parts in the wall (Vertical Realty, Inc. and ASCO Numatics) under product liability theories. Before trial, he made a single offer of judgment as […]
Plaintiff, as Trespasser to Property, Owed Minimal Duty of Care by Landowner
By: Charles F. Holmgren, Esq. Edited by: Betsy G. Ramos, Esq. The plaintiff injured himself when he tripped on an uncovered sewer drain in the parking lot of a doctor’s office across the street from his house. The plaintiff sued the owner of the property for his injuries, claiming the owner was negligent in failing […]
Mode of Operation Doctrine Rejected for Accident Caused by Fall on Laundry Detergent in Mailroom of Apartment Building
Plaintiff Maryann Zagloba injured her back when she slipped on laundry detergent spilled in the mailroom of her apartment building. She sued the owner of the building, Vista Gardens Associates LLC (“Vista Gardens”), for her injuries. She argued that the mode of operation doctrine should apply and, as a result, that she did not have […]
Plaintiff Unable to Prove Erectile Dysfunction Caused by Accident without Expert Testimony
In a damages only trial for an uninsured motorist claim, the jury awarded the plaintiff $1.5 million in compensatory damages. The judge molded the verdict to the insurance company’s $500,000 policy limit. Thereafter, in Chetney v. New Jersey Manufacturers Re-Insurance Co., 2018 N.J. Super. Unpub. LEXIS 1718 (App. Div. July 17, 2018), the UM carrier, […]
Supermarket Found Not Liable for Vandalism to Employee’s Car Parked in Designated Area of Shopping Center Parking Lot
Plaintiff Tanisha Lane, a Whole Foods’ employee, was directed by her employer to park her vehicle in an area of the shopping center distant from the entrance to the store. While parked in that area during her shift, her side view mirror was stolen. The issue in Lane v. Whole Food, 2018 N.J. Super. Unpub. […]
Plaintiff Failed to Prove Defendant Negligently Operated Her Vehicle at Uncontrolled Intersection
Plaintiff Maria Troiani-Schwartz and Defendant Elizabeth Dicker collided at an uncontrolled intersection in Hopewell, New Jersey. The traffic light at the intersection was not functioning due to Hurricane Sandy. In Troiani-Schwartz v. Dicker, 2018 N.J. Super. Unpub. LEXIS 1520 (App. Div. June 26, 2018), the plaintiff contended that summary judgment was inappropriate because there was […]
Medical Examiner’s Report Deemed Inadmissible in Wrongful Death Case
Plaintiff William Quail, as administrator for the Estate of Mary Quail, filed a wrongful death suit and survival action based upon his wife’s death that he claims was caused by an incident in a supermarket. The issue in Quail v. Shop-Rite Supermarkets, Inc., 2018 N.J. Super. LEXIS 86 (App. Div. June 4, 2018) was whether […]
Plaintiff Not Entitled to Mode of Operation Charge When Unable to Identify Substance Causing Fall
Plaintiff Enrico Andricola (“Andricola”) slipped and fell in the cafeteria of Defendant Kennedy Hospital (“Kennedy”). He injured his ankle and sued Kennedy. In Andricola v. Kennedy Univ. Hosp. Inc., 2018 N.J. Super. Unpub. LEXIS 1146 (App. Div. May 16, 2018), the issue was whether the plaintiff was entitled to a mode of operation charge for […]
Whether Plaintiff Qualifies as an Insured Under UIM Endorsement Not Subject to Arbitration
Plaintiff Carole Zelig was injured in an automobile accident, while a passenger in a vehicle operated by a friend. She settled her personal injury claim against the tortfeasor and then filed an underinsured motorist (UIM) claim against the defendant Tower Group Companies, the carrier for a business partially owned by plaintiff. In Zelig v. Tower […]
Court Rules that Settlement from Self-Insured Premises Owner Should be Applied as Credit against Plaintiff’s UIM Coverage
Plaintiff Janine Ball was injured while walking into a Rite Aid store when struck by defendant Charles Reese, who had fallen asleep at the wheel. She sued Reese based upon negligence in operating his vehicle and Rite Aid based upon a premises liability theory. Plaintiff also informed her own automobile insurance company that she intended […]
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