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Archive for June, 2017

Out-of-State Pedestrian Injured in New Jersey Not Entitled to PIP Benefits Under Deemer Statute

By on June 23, 2017 in Litigation, NJ Litigation with 0 Comments

Plaintiff, Kathleen Leggette, a Virginia resident, was visiting her daughter at Princeton University and, while crossing the street, she was struck by a New Jersey driver. She was insured by Government Employees Insurance Company (“GEICO”) and claimed that GEICO should provide personal injury protection (“PIP”) coverage to pay for her bills under the Deemer Statute. […]

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Owner of Three Family Home Has No Liability for Injury Caused by Fall on Sidewalk Adjacent to Home

By on June 16, 2017 in Liability, NJ Litigation with 1 Comment

Plaintiff Scott Valentine suffered injuries when he fell on ice or snow on the public sidewalk abutting the three family home owned by defendants Maximo and Ana Almanzar. The issue in Valentine v. Almanzar, 2017 N.J. Super. Unpub. LEXIS 1440 ( App. Div. June 12, 2017) was whether the defendant homeowners had a legal duty […]

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Appellate Division Rules that Medical Expenses that Exceed $15,000 PIP Limits are Recoverable in Personal Injury Action

By on June 9, 2017 in Awards, NJ Litigation with 0 Comments

In the published decision of Haines v. Taft, 2017 N.J. Super. LEXIS 64 (App. Div. June 1, 2017), the Appellate Division ruled that a plaintiff may recover medical expenses that exceed their $15,000 personal injury protection (PIP) limits in their automobile policy. At the trial court level, the trial judge had barred the admission of […]

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Expert Not Required to Prove Dangerous Condition Due to Fall Occurring As Result of Height Differential between Two Driveways

Plaintiff Martin Rosenbaum exited a relative’s condominium and fell on a driveway outside the unit, which driveway was maintained by the defendant Highlands Condo Association. His daughter, Nanette Rosenbaum, tried to come to his aid and fell as well. In Rosenbaum v. Highlands Condo Association, 2017 N.J. Super. Unpub. LEXIS 680 (App. Div. March 21, […]

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