Christopher J. Carlson
Mr. Carlson’s practice concentrates on the defense of New Jersey and Pennsylvania personal injury matters on behalf of insurance companies, self-insured entities and third-party administrators in the fields of premises liability, transportation law, and construction claims. He has also handled commercial, insurance coverage, fire loss, trucking accident, Dram Shop, subrogation and first party “Personal Injury Protection ” (PIP) matters, as well as Hazmat rapid response services to trucking accidents.
Recent Unpublished Appellate Division Opinion Regarding Sidewalk Liability
In an unpublished March 29, 2022 opinion in Blake v. Glavan, 2022 N.J. Super. Unpub. LEXIS 499, the Appellate Division further addressed the issue of sidewalk liability. The Court addressed the issue of the liability of both a homeowner and a municipality for an injury caused by a fall over an uneven public sidewalk. The […]
New Jersey Supreme Court Adopts “Ongoing Storm” Rule with Limited Exceptions
In a June 10, 2021 opinion written in Pareja v. Princeton International Properties, Inc., 2021 N.J. LEXIS 549 (2021), the New Jersey Supreme Court adopted the “Ongoing Storm” Rule, which should be very useful to the defense bar in pursuing Summary Judgment as to claims arising out of slip and fall events that take place […]
Recent Successful Motion to Bar Plaintiff’s Liability Expert as “Net Opinion” Resulting in Summary Judgment
Our firm recently prevailed on a Motion to Bar the report of a Plaintiff’s Expert as “Net Opinion,” which then led the Court to grant our Motion for Summary Judgment on behalf of our client. The matter was Broome v. ShopRite of Millville, et al., venued in Cumberland County, Docket No. L-468-18. This favorable disposition […]
Multiple Trials Error by Defense Counsel Merit Reversal of Jury Verdict
The Appellate Division on December 6, 2018 issued a reported opinion addressing several key issues regarding trial tactics. Given that this opinion was approved for publication, it must be assumed that it is the Appellate Division’s intention to emphasize the issues addressed therein so as to influence the conduct of future trials. The matter is […]
Insurer Not Barred from Disclaiming Coverage after Providing Courtesy Defense
The Appellate Division recently decided a very interesting case addressing the impact of an insurance carrier issuing a “reservation of rights” letter to its insured while also simultaneously agreeing to provide a defense for the insured, but failing to clearly request the insured’s consent to the insurer’s control of that defense. Northfield Insurance Company v. […]
A Refresher on the Standards for a Motion for Summary Judgment in the Context of Potential Liability of a Volunteer Athletic Coach
By: Christopher J. Carlson, Esq. Edited by: Betsy G. Ramos, Esq. The Appellate Division recently decided a case with a fairly unusual fact pattern which nonetheless is instructive regarding the issue of Motions for Summary Judgment in general, as well as the more narrow issue of the potential liability of volunteer athletic coaches. Mone v. […]
Plaintiff Unable to Meet Permanency Threshold of Tort Claims Act Despite Knee Surgery
By: Christopher J. Carlson, Esq. Editor: Betsy G. Ramos, Esq. The New Jersey Tort Claims Act (“TCA”), N.J.S.A. 59:1-1 to 59:13-10, requires that a Plaintiff seeking to recover damages from a public entity must prove as a threshold requirement that he or she sustained a “permanent loss of body function.” N.J.S.A. 59:9-2(d). The Appellate Division […]
Winning Attorneys’ Fees for the Filing of Frivolous Lawsuits
While the Courts of the State of New Jersey have been hesitant to impose sanctions upon parties and counsel for frivolous lawsuits, in any but the most extreme of circumstances, in the appropriate circumstance, sanctions can be obtained, so long as strict compliance with the Rules of Court can be established. N.J.S.A. 2A:15-59.1 governs sanctions […]
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