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Awards

No Attorney’s Fees Permitted Under Offer of Judgment Rule When not Preserved Under High-Low Agreement

By on August 24, 2018 in Awards with 0 Comments

Plaintiff Lucia Serico filed a motion for attorney’s fees following a jury trial in a medical malpractice case based upon an offer of judgment she had made before the trial. While the jury was deliberating, she entered into a high-low agreement with the defendant. When the jury returned a verdict of $6 million, which was […]

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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 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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Court Dismisses Claim for Punitive Damages Alleged in Auto Accident Case

By on March 17, 2017 in Awards with 0 Comments

Sometimes plaintiffs throw in claims for punitive damages in what is obviously a simple negligence claim arising from an automobile accident. In the District Court case, Gillman v. Rakouskas, 2017 U.S. Dist. LEXIS 10835 (D.N.J. Jan. 26, 2017), the plaintiffs George and Florence Gillman sued defendants Michael and Elaine Rakouskas, alleging negligence and gross negligence […]

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High-low Agreement Barred Award of Attorney’s Fees under Offer of Judgment Rule

By on March 2, 2017 in Awards with 0 Comments

Plaintiff Lucia Serico entered into a high-low agreement with defendant Robert M. Rothberg, M.D. to resolve her claim against the defendant. However, in reaching this settlement, plaintiff did not expressly reserve her rights to recover fees under the Offer of Judgment rule. Based upon the jury award, the plaintiff would have been entitled to these […]

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Plaintiff Unable to Meet Permanency Threshold of Tort Claims Act Despite Knee Surgery

By on February 3, 2017 in Awards with 0 Comments

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 […]

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Supreme Court Defines Criteria for Granting Remittitur of Jury Verdict

By on November 4, 2016 in Awards with 0 Comments

A motion for remittitur is used by a defendant to attempt to obtain a reduction of an excessive jury verdict. A court has the power to reduce an excessive award through a grant of remittitur. In the recent case of Cuevas v. Wentworth Group, 226 N.J. 480 (2016), the New Jersey Supreme Court held that […]

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

By on September 23, 2016 in Awards 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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