Court Rulings
New Jersey Court Permits Service of Process through Facebook
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 […]
Plaintiff’s Bodily Injury Claim Due to Fall from Water on Floor Dismissed
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 […]
Court Finds Homeowners Not Liable to Guest Who Trips over Dog in Hallway
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. […]
Court Finds that Equitable Tolling of Statute of Limitations Did Not Apply to Prevent Lawsuit’s Dismissal
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 […]
Expert Not Required to Prove Dangerous Condition Due to Fall Occurring As Result of Height Differential between Two Driveways
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, […]
Failure to Comply with Strict New Jersey Appellate Rules Result in Dismissal of Cross-Appeal
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 […]
Court Dismisses Bodily Injury Claim from Fall Based upon Slippery Floor in Restaurant
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. […]
Appellate Division Refuses to Enforce Liquidated Damages Clause as Unenforceable Penalty
Plaintiff Jennifer Corona entered into a contract with defendant Stryker Golf, LLC to hold her wedding reception at defendant’s catering hall. The contract price for the entire event was $12,012. Plaintiff paid a deposit of $2500 and then an additional $6,891 in 2 installments for a total of $9,391. Six months before the wedding, she […]
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