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Court Rulings

Defendant Barred from Suing Public Entity Due to Failure to File Timely Tort Claims Act Notice

By on September 1, 2017 in Court Rulings with 0 Comments

On July 27, 2017, the New Jersey Supreme Court decided important issues concerning the ability of a defendant to sue a public entity in a third party claim.  In the case of Twanda Jones v. Morey’s Pier, 2017 N.J. LEXIS 812 (July 27, 2017), the Supreme Court decided that a defendant is barred from asserting […]

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Defense Doctor Permitted to Testify as to Lack of Necessity of Plaintiff’s Surgical Procedures Despite Failing to Include that Opinion in his Report

By on August 25, 2017 in Court Rulings with 0 Comments

Plaintiff Silvano Collado was rear-ended by defendant Eli Salzman while driving a min-commuter bus in Jersey City, New Jersey. Defendant stipulated to liability and the matter proceeded to a damages only trial. In Collado v. Salzmann, 2017 N.J. Super. Unpub. LEXIS 2144 (App. Div. Aug. 22, 2017), the plaintiff appealed the no cause entered against […]

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Personal Injury Suit Remanded Back to State Court Due to Failure to Meet Monetary Threshold for Federal Diversity Jurisdiction

By on August 18, 2017 in Court Rulings with 0 Comments

Plaintiff Maria Nalbone, age 87 years old, fell in her room in the Mirage Casino in Las Vegas. She injured one of her ribs due to the fall. In Nalbone v. The Mirage Casino-Hotel, 2017 U.S. Dist. LEXIS 117463 (D.N.J. July 25, 2017), plaintiff argued that the matter did not meet the threshold value of […]

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New Jersey Court Permits Service of Process through Facebook

By on August 11, 2017 in Court Rulings with 1 Comment

If a plaintiff is unable to serve a complaint through personal service and is unable to locate a valid address for the defendant, what alternative means of service are available to plaintiff? That was the issue faced by plaintiffs in K.A. v. J.L., 450 N.J. Super. 247 (Ch. Div. 2016). In a published decision, approved […]

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Plaintiff’s Bodily Injury Claim Due to Fall from Water on Floor Dismissed

By on August 4, 2017 in Court Rulings with 0 Comments

Plaintiff Cameron Smith was shopping at defendant Walmart’s store at 9:45 pm when she slipped and fell on water inside the store. She landed on her right hip, sustaining injuries. In Smith v. Walmart Stores, Inc., 2017 N.J. Super. Unpub. LEXIS 1964 (App. Div. July 31, 2017), she claimed the defendant store failed to exercise […]

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Court Finds Homeowners Not Liable to Guest Who Trips over Dog in Hallway

By on July 14, 2017 in Court Rulings with 0 Comments

Homeowners Richard Compeau and Rosanna DiMarzio found out the hard way what happens when you “let sleeping dogs lie” (or in their case one sleeping dog) in their hallway, when a guest at their Christmas dinner tripped over their dog and was injured. In Parella v. Compeau, 2017 N.J. Super. Unpub. LEXIS  1622 (App. Div. […]

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Court Finds that Equitable Tolling of Statute of Limitations Did Not Apply to Prevent Lawsuit’s Dismissal

By on July 7, 2017 in Court Rulings with 0 Comments

Plaintiff Ronald Rowell was injured on February 17, 2011 when his tractor trailer, parked in a commercial warehouse located in New Jersey, was struck by another vehicle. Initially, plaintiff sued the defendants he believed were responsible for the accident. However, after the statute of limitations expired, the plaintiff discovered the correct parties responsible for the […]

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Expert Not Required to Prove Dangerous Condition Due to Fall Occurring As Result of Height Differential between Two Driveways

By on June 2, 2017 in Court Rulings with 0 Comments

Plaintiff Martin Rosenbaum exited a relative’s condominium and fell on a driveway outside the unit, which driveway was maintained by the defendant Highlands Condo Association. His daughter, Nanette Rosenbaum, tried to come to his aid and fell as well. In Rosenbaum v. Highlands Condo Association, 2017 N.J. Super. Unpub. LEXIS 680 (App. Div. March 21, […]

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Failure to Comply with Strict New Jersey Appellate Rules Result in Dismissal of Cross-Appeal

By on May 26, 2017 in Court Rulings with 0 Comments

While on the state trial court level, our New Jersey trial court judges tend to be lenient in enforcing rules concerning motion practice and briefing (as well as many of the rules of civil procedure), the Appellate Division judges can be much more exacting in enforcing their rules concerning the submission of briefs. In the […]

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Court Dismisses Bodily Injury Claim from Fall Based upon Slippery Floor in Restaurant

By on May 4, 2017 in Court Rulings with 0 Comments

Plaintiff Joseph Pasterkiewicz slipped and fell on the floor of a buffet restaurant operated by the defendant Marina Buffet, Inc. and owned by defendant King T. Group, LLC. The plaintiff claimed that he fell on the flooring around the buffet area. In Pasterkiewicz v. Marina Buffet, Inc., 2017 N.J. Super. Unpub. LEXIS 199 (App. Div. […]

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