Archive for April, 2014
Skidding of Automobile Does Not Give Rise to Inference of Negligence
Irena Pronina (“Pronina”), while operating a Hummer at 4:30 in the morning, drove down a hill, spun out on ice, and ended up on the grassy median on Route 78 in Somerset County. George Howell (“Howell”) was injured after trying to help her and signal motorists coming down the hill as to the ice. Whether […]
Entire Controversy Doctrine Does Not Bar Subsequent Products Liability Suit
Plaintiff Shaun Armstrong was injured while on a Disney cruise. He fell from his wheelchair while on a ramp leaving the ship, struck the hot deck, and suffered burns and fractured both femurs. At the time, he was operating a wheelchair manufactured by Pride Mobility Products (“Pride”). He filed a negligence lawsuit in federal court […]
Expert Needed to Prove Liability for Slip and Fall
In Turkowski v. Management Resources Systems, Inc., 2014 N.J. Super. Unpub. LEXIS 705 (App.Div. 2014), the plaintiff sued Rack Room Shoes, Inc. for personal injuries resulting from a fall at Rack Room, a retail shoe store. The trial court found that the plaintiff was unable to establish the defendant’s negligence without a liability expert and […]
Settling Defendant Not Entitled to Pursue Cross-Claim for Contribution
A company responsible for maintaining cargo lifts found out in Cherilus v. Federal Express, 2014 N.J. Super. LEXIS 47 (App. Div. 2013) that after it settled with plaintiff, it would not be able to pursue the co-defendant manufacturer for contribution. In Cherilus, the plaintiff, Joseph Cherilus, was injured on a cargo lift at a Federal […]
Spoliation Claim May Be Pursued Against Defendant Homeowner
Plaintiff Merri Chapin, while on her way home from work on a rainy and very windy day, was struck by a tree limb that came through her windshield and pierced her left arm and abdomen. The tree limb was alleged to be from one of two trees on Defendant Kathleen Samaras’s property. In Chapin v. […]
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