Liability
NJ Supreme Court Grants Certification in Mode of Operation Case
I had previously reported on the case of Jeter v. Sam’s Club, 2021 N.J. Super. Unpub. LEXIS 919 (App. Div. May 17, 2021) in which the Appellate Division had affirmed a summary judgment ruling, dismissing a personal injury lawsuit arising from a slip on a grape which was sold in a clamshell case by the […]
Mode of Operation Doctrine Does Not Apply to Fall on a Grape Sold in Clamshell Case
Plaintiff Aleice Jeter slipped and fell on a grape in the aisle of the defendant Sam’s Club East, LP, Linden store and filed a lawsuit to recover damages for her neck and back injuries. She relied upon the mode of operation doctrine, which she contended excused her from establishing that the defendant had actual or […]
Under New Jersey Law, City Has No Liability For Plaintiff’s Injury Due To Fall On Snow In Street
In March 2015, plaintiff Donell Prince left his rooming house where he lived and noticed that there was snow on the common walkways of the rooming house property and the adjoining public sidewalks. Plaintiff decided to walk in the street because snow had been plowed from the street into the sidewalks. He fell and landed […]
Commercial Landowner Found Potentially Liable For Fall Occurring on Grassy Area Between the Sidewalk and Curb
Plaintiff Quinisha White fell in front of a commercial property while walking from her house to a car in the street. She had stepped into the grassy area between the sidewalk and the curb and lost her balance due to an uneven decline by the curb. She sued the owner of the property, defendant Magyar […]
Supermarket Found Not Liable For Plaintiff’s Fall Due To Water On Store’s Floor
Plaintiff Sara Quejada was shopping with her daughter at defendant’s supermarket when she slipped and fell on water as they were near the checkout area of the store. Plaintiff did not know the source of the water. The issue in Quejada v. ShopRite, 2021 N.J. Super. Unpub. LEXIS 91 (App. Div. Jan. 19, 2021) was […]
Residential Owner of Three Family Apartment Building Found Not to be Liable for Fall on Adjoining Public Sidewalk
Plaintiff Gerard Rienzi, while an inspector for Union City, fell on the public sidewalk in front of the three family apartment building owned by defendant Vincent Giacoman. Plaintiff claimed to have suffered injuries when he fell in a hole in the sidewalk adjacent to Giacoman’s building. The issue in Rienzi v. Giacoman, 2020 N.J. Super. […]
Owner of Building May Have Vicarious Liability for Customer’s Injuries from Dog Bite
Plaintiff Alisette Russo “Russo” was a customer at a jewelry store (Creations by Stefano, Inc.) when she was bitten by the dog owned by defendant Stefano Simone (“Simone”). The building was owned by defendant Platinum Realty Group, LLC (“Realty”). The issue in Russo v. Creations by Stefano, 2020 N.J. Unpub. LEXIS 1615 (App. Div. Aug. […]
Recent Successful Motion to Bar Plaintiff’s Liability Expert as “Net Opinion” Resulting in Summary Judgment
Our firm recently prevailed on a Motion to Bar the report of a Plaintiff’s Expert as “Net Opinion,” which then led the Court to grant our Motion for Summary Judgment on behalf of our client. The matter was Broome v. ShopRite of Millville, et al., venued in Cumberland County, Docket No. L-468-18. This favorable disposition […]
Neither County, Nor Board Of Education Held Liable For A Student Injured In Gym Class
Plaintiff Cora Kerton, on behalf of J.R., her minor daughter, filed suit against the County of Hudson and the Board of Education for the Hudson County Schools of Technology, as well as the superintendent and principal of the school, due to an injury that her daughter suffered in gym class. Her daughter suffered an injury […]
Owner Of Vacant Two-Family Home Found Not To Be Liable For Injury On Abutting Defective Sidewalk
The plaintiff, Nivia Cardenas, fell and injured herself on a defective sidewalk in front of a vacant home owned by defendants Mark and Anthony T. Severino. The trial court judge determined that, because the property was not being used for commercial purposes at the time of the accident, the defendants had no duty to maintain […]
Betsy G. Ramos
Keith Toll
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