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Archive for September, 2016

Plaintiff Barred from Collecting PIP Benefits Due to the Ownership of Uninsured Vehicle

By on September 30, 2016 in Coverage, NJ Litigation, Uncategorized with 0 Comments

Plaintiff, Vidal Padilla, was involved in a 2014 accident while operating his nephew’s car. He submitted a PIP application for his injuries to defendant Personal Service Insurance Company, which insured his nephew’s vehicle. The defendant insurance company contended that the plaintiff was barred from obtaining PIP benefits due to his ownership of an uninsured motor […]

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Frivolous Fee Award Against Pro Se Plaintiffs Limited by New Jersey Appellate Division

By on September 23, 2016 in Awards, NJ Litigation with 0 Comments

Under New Jersey law, fees may be obtained against attorneys for the filing of a frivolous lawsuit based upon a court rule, Rule 1:4-8. Attorneys fees for the filing of a frivolous pleading may be obtained against a party based upon a statute, N.J.S.A. 2A:15-59.1. The published decision of Tagayun v. AmeriChoice of New Jersey, […]

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Supermarket in Multi-tenant Shopping Center Found Not Liable to Shopper Who Falls on Ice in the Parking Lot

By on September 16, 2016 in Liability, NJ Litigation with 0 Comments

Plaintiff, Grazio Spano, went shopping in the Acme store in the shopping center located on the Black Horse Pike, Mays Landing, N.J. Acme was the anchor store in this multi-tenant shopping center. After finishing her shopping, the plaintiff went back to her car and slipped on black ice in the parking lot. In Spano v. […]

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Court Finds Unlicensed Driver to be Permissive User of Automobile

By on September 9, 2016 in Liability, NJ Litigation with 0 Comments

Defendant All Sheen owned and operated a car wash in Blackwood, New Jersey. It employed the defendant Esteban Chavez, who was responsible for driving customer’s vehicles from the end of the automated wash track to the drying area. While Chavez was driving one of the customer’s vans into the drying area, he struck and severely […]

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Res Ipsa Loquitur Not Apply for Negligence Claim Due to Injury from Eating Dessert from Fast Food Restaurant

By on September 2, 2016 in Negligence, NJ Litigation, Uncategorized with 0 Comments

Plaintiff Erik Lukmann claims to have been injured while biting down on an ice cream dessert purchased from Wendy’s. He bit down, felt a hard object, and spit out a coin. As a result, he broke several veneers on his teeth. In Lukmann v. Wenesco Restaurant Systems, Inc., 2016 N.J. Super. Unpub. LEXIS 1089 (App. […]

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