Claims
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 […]
Federal Court Finds That Children of Deceased Father Have No Standing to Pursue Section 1983 Claim Against City for Death of Father While in Police Custody
The decedent, Phillip White, died en route to the hospital after an encounter with Vineland police officers. A federal lawsuit was filed against Vineland by Mr. White’s mother, as his Administratrix Ad Prosequendum, and two of his children. The issue in White v. City of Vineland, 2022 U.S. Dist. LEXIS 199436 (D.N.J. Nov. 2, 2022) […]
Plaintiff Was Not Entitled To UIM Benefits From Brother’s Policy Due To Coverage Being Provided Under His Own Personal Vehicle
Plaintiff Christopher Ricciardi sued Allstate Insurance Company for underinsured motorist (UIM) coverage. He was injured in a January 15, 2017 collision with an underinsured motorist while driving his brother’s pickup truck during their move to Florida. Allstate insured his brother’s pickup truck. Plaintiff had a personal vehicle insured by GEICO. The issue in Ricciardi v. […]
Survivor’s Act Claim Barred Due To The Failure To Timely Appoint A General Administrator Of The Deceased Plaintiff’s Estate
This matter arises from an automobile accident on December 21, 2016 when the decedent, Joseph Chandler, was struck by an automobile driven by defendant Todd Kasper. The decedent suffered significant injuries and passed away six days later. The decedent’s daughter, Damaris Chandler, obtained an appointment as Administrator Ad Prosequendum but was not appointed as General […]
PIP Carrier Not Entitled To Subrogate Against Health Insurance Carrier For Medical Expenses Paid In Error
Palisades Insurance Company (“Palisades”) filed a claim for reimbursement against Horizon Blue Cross Blue Shield of New Jersey (“Horizon”) to obtain recoupment for health insurance benefits it paid to 4 insureds who were involved in automobile accidents and received treatment. Palisades contended that it made those payments in error because the insureds had designated Horizon […]
Plaintiff’s UM/UIM Claim Found To Be Barred Due To Plaintiff’s Failure To Sue Tortfeasor Within Statute Of Limitations
Plaintiff Sang Park was rear ended by a vehicle driven by the defendant Michelle Wragge on January 11, 2018. As a result, Park claimed to have suffered painful injuries from the collision. Thereafter, on June 1, 2018, Park, filed a complaint against GEICO (her insurance company) for uninsured or underinsured motorist coverage benefits (UM/UIM). But, […]
Plaintiff Able to Obtain Full Recovery of Verdict Against Defendant Tortfeasor Found to be 60% Negligent in Auto Case
The issue in the published Appellate Division decision in Carbajal v. Patel, 2021 N.J. LEXIS 73 (App. Div. June 2, 2021), was whether a plaintiff can obtain a full recovery of a jury verdict against a defendant found to be 60% negligent, when that defendant is unable to obtain contribution from the co-defendant found to […]
Lost Profits Claim Barred Under New Business Rule
In the legal malpractice case, Schwartz v. Menas, 2020 N.J. Super. Unpub. LEXIS 2104 (App. Div. Nov. 6, 2020), the Appellate Division was faced with an appeal over whether the trial court properly barred plaintiffs’ expert reports supporting claims for lost profits as too speculative under the “new business rule.” Plaintiff Larry Schwartz and his […]
Supreme Court Rules That Made-Whole Doctrine Does Not Apply To A Self-Insured Retention
In the lawsuit of City of Asbury Park v. Star Insurance Co., 2020 N.J. LEXIS 746 (June 29, 2020), the Supreme Court addressed a question of New Jersey law at the request of the United States Court of Appeals for the Third Circuit. The question that was asked was “whether, under equitable principles of New […]
Court Rules That Plaintiff Unable To Seek PIP Coverage For Unpaid Medical Expenses Under Policies Issued By Insurance Companies To Tortfeasor’s Resident Relatives
Plaintiff Raymond Nesby was injured in an automobile accident when his car was struck from behind by the vehicle driven by defendant Sheryl Fleurmond, whose vehicle was owned by defendant Chris Decaro and insured by Progressive Garden State Insurance Company. Fleurmond did not own a vehicle nor have her own automobile insurance policy. However, she […]
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