Archive for September, 2014
Adequate Expert Report Needed To Establish Defect in Sidewalk for Bodily Injury Claim Against Homeowner
Plaintiff Carylee Johnson slipped and fell on the public sidewalk in front of the home owned by defendants Eric and Leigh Ann Morse. She suffered injuries to her knee, arm, and shoulder and sued the defendant homeowners on the basis that the predecessor owner negligently built a defective sidewalk. In Johnson v. Morse, 2014 N.J. […]
Insurance Carrier Not Estopped From Denying Homeowners’ Claim
In Masaitis v. Allstate, 2014 N.J. Super. Unpub. LEXIS 2100 (App. Div. Aug. 26, 2014), the plaintiffs Marilyn and William Masaitis appealed from a jury verdict that they were not entitled to compensation from their homeowner’s insurance carrier, Allstate New Jersey Insurance co., for loss of property due to a fire. Allstate disclaimed coverage on […]
No Punitive Damages May be Awarded Against an Estate for Dog Bite Claim against Deceased Defendant
Veronica Maciag, a minor, was attacked by a pit bull owned by the decedent defendant, Kenneth Kantor. There had been prior incidents involving this dog, in which the dog had escaped and bitten people. The minor filed suit against Kantor to recover for her injuries. After the lawsuit was filed, Kantor passed away and his […]
Survival of One Claim in Lawsuit Does Not Negate Award of Attorney Fees under Frivolous Lawsuit Statute
Plaintiff James Epstein sued the defendant Sondra Lippi for injuries arising out of collision between him, as he was riding his bicycle, and the automobile she was operating. In Epstein v. Lippi, 2014 N.J. Super. LEXIS 1703 (July 14, 2014 App. Div.), Epstein, who was pro se, appealed an order awarding Lippi $1000 in counsel […]
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