By: Martie Campbell Baggett, Esq. Edited by: Betsy G. Ramos, Esq. In New Jersey, the Workers’ Compensation Act is the exclusive remedy for injured workers as stated in N.J.S.A. 34:15-8. An employee cannot bring a civil suit against an employer or a co-employee alleging bodily injury. However, an exception arises in cases of intentional harm. In […]
Plaintiff’s Lawsuit Dismissed Due to Failure to Prove Causal Relationship Between Inhalation of Fumes and Her Fall
Plaintiff Yireika De La Rosa went to defendant LA Gypsy restaurant with a friend. She drank half a beer and went to the restaurant’s restroom. As she approached the restroom, she noticed maintenance staff spraying a blue liquid, which smelled like ammonia, onto the floor. Plaintiff passed through the area, felt she could not breathe […]
Landowner’s Liability Act Does Not Extend to Local Beaches or the Ocean
In Timpanaro v. Jenkinson’s Pavilion, Inc., 2025 N.J. Super. LEXIS 71 (App. Div. Nov. 21, 2025), the estate of Anthony Timpanaro sued Jenkinson’s Pavilion, a boardwalk amusement complex with access to Point Pleasant Beach, for negligence arising from Anthony’s drowning death. The case arose when, a few weeks after Labor Day, 2020, grandfather Anthony and […]
Court Finds County Not Liable for Fall on Public Sidewalk Adjacent to County Road
Plaintiff Frances Hice tripped and fell and suffered injuries as a result of an uneven public sidewalk slab on Watchung Avenue in Bloomfield. The sidewalk abutted a private residence owned by defendants Jose Cruz and Angelica Delacruz. The sidewalk was adjacent to a road (Watchung Avenue) owned by the County of Essex. The issue in […]
State Law Claims Dismissed In Error When Federal Court Declined Supplemental Jurisdiction Over Claims
This matter involved the consequences of a federal court’s dismissal of a case and whether the plaintiff’s subsequently filed state court action was barred by principles of res judicata or other legal doctrines. Plaintiff Randi Zupko filed a complaint in federal district court against defendants County of Ocean, Scott Waters, and Robert Greitz. After the […]
Court Finds Defendants Unable To Pay Medicare Lien Directly Because Not Part of Settlement Reached
Plaintiff Walter Cabezas, as administrator of the Estate of Aldemar Cabezas, filed a wrongful death lawsuit following the death of Aldemar Cabezas who was struck by a vehicle owned by defendant Penske Truck Leasing Co. on September 7, 2021. Medicare issued a conditional payment letter to plaintiff, stating that Medicare had identified $62,100.82 in conditional […]
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