Evidence
Court Dismisses Plaintiff’s Personal Injury Lawsuit Due to Inability to Identify Why Floor Was Slippery
Plaintiff Ann Brilliant slipped and fell inside an Outback Steakhouse but did not know how or why she slipped. She was unable to identify any specific hazardous condition of the floor or deviation from accepted safety standards. The issue in Brilliant v. Outback Steakhouse of Florida, LLC, 2025 U.S. Dist. LEXIS 87014 (D.N.J. May 7, […]
Photographs Showing Mopping of Floor and Caution Sign Placed Post-Accident Barred at Trial As Subsequent Remedial Measure
Plaintiff Pauline Jelken fell in a puddle of water in the lobby of the defendant’s Public Storage facility. After she fell, an employee mopped the puddle and placed a caution sign on the floor. Plaintiff sued Public Storage for her injuries suffered from the fall. The issue in Luciano v. Public Storage, 2025 N.J. Super. […]
New Jersey Supreme Court Determined That Juries Can View Video in Slow Motion
This matter concerns a challenge to the trial court’s decision to permit the jury to replay surveillance video evidence in slow motion and with intermittent pauses during deliberations in a criminal trial. Although this case involved a criminal matter, the holding may also be utilized in a civil case. In the case of State v. […]
Appellate Division Reverses Summary Judgment Order Granted Due to Plaintiff’s Medical Experts Failure to Apportion Her Injuries Among Two Accidents and Her Preexisting Condition
Plaintiff Hellen Bayer was in an automobile accident with defendant Michael Roman on November 22, 2017. The parties contested the severity of the accident, but plaintiff alleged to have suffered injuries to her neck and back. The issue in Bayer v. Roman, 2024 N.J. Super. Unpub. LEXIS 2605 (App. Div. Oct. 25, 2024) was whether […]
Plaintiff’s Bodily Injury Claim Dismissed Due to Failure to Show How a Subsequent Accident Aggravated Pre-existing Injuries From Prior Accident
Plaintiff Tony Polite was involved in two automobile accidents within thirty days. The first accident occurred on May 15, 2019, and the second one occurred on June 16, 2019. Plaintiff claimed to have injured his neck, back, left shoulder, and right knee in the first accident and alleged that those injuries became significantly worse following […]
Defense Counsel Permitted To Cross-Examine Plaintiff Concerning Statements Made In Pre-Accident Medical Records
Plaintiff Monica Graham was awarded $325,000 in damages in a lawsuit she filed against defendant Carole Venetianer for injuries she suffered in a car accident with defendant. Plaintiff filed an appeal of this jury verdict, arguing that defense counsel should not have been permitted to cross-examine her using medical records not admitted into evidence. The […]
Appellate Division Reverses Dismissal of Plaintiff’s Complaint and Remands Matter for Evidentiary Hearing on the Issue of Charitable Immunity
Plaintiff Laurence Rothschild claims that he suffered injuries after a slip and fall in a puddle of water at a coin show that was held on a premises owned by the Police Athletic League of Parsippany-Troy Hills (“PAL”). Plaintiff brought a negligence lawsuit against the Township of Parsippany-Troy Hills, PAL and Garden State Coin Stamps […]
Day in the Life Video Excluded at Trial
Plaintiff Tameko Sawyer was in a motor vehicle accident with defendant Randy Lucas in which she claimed to have suffered an injury to her neck, lower back, and shoulder. Defendant Lucas had been driving a tractor-trailer owned by defendant Hicks Paving, LLC and Hicks Septic & Portable Toilets, LLC on Route 78, when he moved […]
Expunged Criminal Record of Employee May Be Used Against Employer In Negligent Hiring Claim
In a published Appellate Division decision, Y.H. & K.W.C. v. T.C., 2023 N.J. Super. LEXIS 27 (App. Div. Mar. 16, 2023), the Appellate Division was asked to decide whether the plaintiffs, Y.H. and K.W.C. (initials used to keep confidentiality) could utilize the expunged conviction of an Uber driver in a negligent hiring claim against Uber. […]
Plaintiff Making Left Hand Turn Denied UIM Benefits for Injuries Incurred From Accident
Plaintiff Calise Belin was injured in a two vehicle accident after stopping at a stop sign on Lafayette Road in Voorhees, preparing to turn left on Haddonfield-Berlin Road. Plaintiff looked both ways and not seeing anyone coming, turned left. She collided with a vehicle being driven by Debra Lawless-Gattone who was travelling northbound on Haddonfield-Berlin […]
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