Archive for October, 2017
Store Found Not Negligent for Plaintiff Who Was Injured Tripping Over Mannequin Platform
Plaintiff Patricia Rieger was shopping at the defendant Loft store in Marlton, NJ when she suffered an injury. She was trying on a scarf and, while viewing herself in the mirror of the common dressing area of the store, she backed up, tripped and fell over a platform behind her. Her trip caused the mannequin […]
Res Ipsa Loquitor Doctrine Not Available to Establish Negligence for Injury Due to Elevator Doors
Plaintiff Nadine Ambrico was injured when an elevator door closed on her hand and arm. The elevators were maintained by defendant Thyssenkrupp Elevator Corp. on a monthly basis. The issue in Ambrico v. Thyssenkrupp Elevator Corp., 2017 N.J. Super. Unpub. LEXIS 2558 (App. Div. October 13, 2017) was whether plaintiff needed an expert to pursue […]
Continuous Trigger Theory of Insurance Coverage Applied to Third Party Liability Claims Involving Progressive Damage to Property in Construction Defect Case
In a case of first impression, the Appellate Division in Air Master & Cooling, Inc. v. Selective Insurance Company of America, 2017 N.J. Super. LEXIS 144 (App. Div. October 10, 2017), in a published decision, ruled that the continuous trigger theory of insurance coverage may be applied in New Jersey to third party liability claims […]
Expert Testimony Needed to Establish Negligence Claim Based Upon Violation of State And Local Codes
Plaintiff Cornelia Wright was a tenant, living on the fourth floor of a Jersey City apartment building owned by defendant Premier Business Management, when she fell and was injured, while walking down a dark stairwell in the building. The building’s power was out due to an electrical power outage in Jersey City from Super Storm […]
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