On August 15, 2019, New Jersey Governor Murphy signed two bills into law, which overruled the New Jersey Supreme Court opinion in the case of Haines v. Taft. In the Haines case, the Court had held that plaintiffs could not seek to recover unreimbursed medical expenses as part of their damages incurred in an automobile […]
When Can A Defendant Successfully File An Initial Motion To Dismiss Based Upon The Pleadings Versus A Motion For Summary Judgment? Subpoena Rule Change Simplifies Process to Issue NJ Subpoena for Out-of-State Case Winning Attorneys’ Fees for the Filing of Frivolous Lawsuits Who is Responsible Under New Jersey Law When an Injury Occurs Due to a Fall on a Public Sidewalk? Counterclaim Filed After Statute of Limitations Expired Permitted to “Relate Back” to Timely Filed ComplaintThe Verbal Threshold is a threshold requirement set by the New Jersey Legislature for an individual to be compensated for bodily injuries suffered in an auto accident. The Verbal Threshold, or the Limitation on Lawsuit option, was created in an effort to reduce the cost of car insurance by limiting a person’s ability to sue […]
Plaintiffs Walter Friedauer and Robert Friedauer, as Executors of the Estate of Paul Friedauer, brought a wrongful death action against defendant Ashbritt Environmental Inc. (Ashbritt). Ashbritt was the state’s prime contractor for the hurricane or other natural disaster debris recovery, remediation and disposal in Brick Township due to Hurricane Sandy. Ashbritt had subcontracted some of […]
Plaintiff Ella Jacob slipped on a hallway floor while working for her medical practice employer. The office had been leased to her employer by the defendant Marlboro Gastroenterology, PC. (“Marlboro”) The issue in Jacob v. Marlboro Gastroenterology, P.C., 2019 N.J. Super. Unpub. LEXIS 2164 (App. Div. Oct. 23, 2019) was whether Marlboro could be held responsible […]
On January 4, 2014, plaintiff James Ryan DiMaria (“DiMaria”), a Patterson fire inspector, had an automobile accident with Michelle Rodriguez. Plaintiff claimed that the accident caused him permanent neck and head injuries. There was a dispute concerning whether Rodriguez was at fault for this accident. The issue in DiMaria v. Travelers Insurance Group, 2019 N.J. […]
Plaintiff, Sonny Cabrera, Jr., an employee of KB Electric Services Company, Inc. (“KB”), was changing lights on top of the University’s library when he fell off the roof because of a loose balustrade and suffered injuries. The issue in Cabrera v. Fairleigh Dickinson University, 2019 N.J. Super. Unpub. LEXIS 2068 (App. Div. October 8, 2019), […]
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