Personal Injury Claim Resulting From Fall on Snow and Ice Barred by Ongoing Storm Rule
Plaintiff Joseph Devaney was working as a security guard for G4S at facilities owned by defendant Chemours Company. On the day of the accident, there was a winter storm with light snow, sleet, and freezing rain. During the course of plaintiff’s inspection of the premises, he slipped and fell, suffering injuries. The issue in Devaney […]
Court Finds That Lawsuit Filed Against Insurance Company Was Timely Filed
Plaintiffs Marlene Romhen and Ibrahim Mirkhan filed a lawsuit against the defendant insurance company Franklin Mutual Insurance Inc. based upon a theft loss that occurred at their insured residence. The claim was denied by Franklin Mutual by letter dated September 17, 2021. According to the denial letter, the insured needed to file suit against them […]
Public Entities Are Not Immune From Frivolous Sanction Litigation
In Borough of Englewood Cliffs v. Trautner, 2024 N.J. Super. LEXIS 37 (App. Div. Apr. 22, 2024), in a published decision, the Appellate Division settled the issue of whether a public entity is immune from sanctions for filing a frivolous lawsuit in accordance with the Frivolous Litigation Statute N.J.S.A. 2A:15-59.1 (hereinafter FLS). The issue stemmed […]
Plaintiff’s Personal Injury Claim Dismissed Due to Lack of Expert Report As to Causation
The decedent Alice Trainor fell while attending the defendant’s adult day health care services. The 89-year-old Alice fell while walking towards the bathroom at the defendant’s facility, suffered injuries, and ultimately passed away. The issue in Estate of Alice Trainor v. Active Day of Brick, 2024 N.J. Super. Unpub. LEXIS 552 (App. Div. Apr. 3, […]
Plaintiff’s Personal Injury Lawsuit Dismissed Due to Her Failure to Identify the Condition That Caused Her Accident
Plaintiff Artherine Price was at the Quaker Bridge Mall on May 10, 2018, when she twisted her ankle in the parking lot of the Mall. She claims that she fell in the crosswalk while walking from her parked car to enter the store and sued the Mall defendants for her injuries. The issue in Price […]
What is “Discovery” in a Civil Lawsuit?
Lawyers understand the term “discovery” in the context of a civil lawsuit but laypeople involved in a lawsuit likely do not understand what it means to “conduct discovery.” In general terms, it means exactly as it is defined in plain English, i.e. to find out something. In the context of a lawsuit, discovery is used […]
Court Enforces Strict Deadline for Filing Demand for Trial De Novo
Plaintiff Arabruny Lindor, as Administrator Ad Prosequendum of the Estate of Roosevelt Rene, filed a wrongful death lawsuit against defendant Janoris Jenkins which was arbitrated on September 21, 2022. The arbitrator assessed liability at 50% to each party and awarded plaintiff gross damages of $800,000 with a net award of $400,000. The issue in Lindor […]
Appellate Division Reverses Dismissal of Plaintiff’s Complaint and Remands Matter for Evidentiary Hearing on the Issue of Charitable Immunity
Plaintiff Laurence Rothschild claims that he suffered injuries after a slip and fall in a puddle of water at a coin show that was held on a premises owned by the Police Athletic League of Parsippany-Troy Hills (“PAL”). Plaintiff brought a negligence lawsuit against the Township of Parsippany-Troy Hills, PAL and Garden State Coin Stamps […]
Court Rules That Amusement and Water Park Owner Able to Sue for Defamation Over Alleged False Rumor
This matter arises from a claim of plaintiffs Christopher Maier and Land of Make Believe, an amusement and water park, against defendant James Zellers for spreading a false rumor about an alleged statement made by Maier. According to the complaint, in April of 2022, defendant “concocted a false and defamatory story” that Maier visited defendant […]
Court Permits Plaintiff To File Late Notice Of Tort Claim
This case involved a tragic accident in which four members of a family were involved in a one-vehicle accident at a toll plaza on the Atlantic City Expressway. Due to this accident, three of the family members were killed and the fourth member, a 12 year old girl, was severely injured. To be able to […]
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