Litigation
Public Entities Are Not Immune From Frivolous Sanction Litigation
In Borough of Englewood Cliffs v. Trautner, 2024 N.J. Super. LEXIS 37 (App. Div. Apr. 22, 2024), in a published decision, the Appellate Division settled the issue of whether a public entity is immune from sanctions for filing a frivolous lawsuit in accordance with the Frivolous Litigation Statute N.J.S.A. 2A:15-59.1 (hereinafter FLS). The issue stemmed […]
Failure To Serve Defendant And Seek Reinstatement Of Complaint for Seven Years Justifies Order Denying Reinstatement Of Complaint
Plaintiff Mildred Valentin sued defendant Sabrina Pinckney for an automobile accident that occurred in October 2011. However, she failed to successfully serve the defendant with the complaint until seven years later and, in the interim, the complaint had been dismissed for lack of prosecution. The issue in Valentin v. Pinckney, 2021 N.J. Super. Unpub. LEXIS […]
Lawsuit of Deceased Plaintiff Dismissed Due to Death Occurring Before Complaint Filed
The lawyer representing the plaintiff Carolyn Repko (“Repko”) filed a lawsuit in her name in September 2018, not knowing that she had died nine months previously. He filed suit against the defendant Our Lady of Lourdes Medical Center, Inc. (“Lourdes”) due to plaintiff’s fall which had occurred in September 2016. The issue in Repko v. […]
University Entitled to Charitable Immunity for Injury at Concert
Plaintiff, Frances Green (“Green”), sued Monmouth University for injuries she allegedly suffered while attending a Martina McBride concert that was held at the University but was open to the public. In the published Supreme Court decision of Green v. Monmouth University, 237 N.J. 516 (2019), the issue was whether the defendant University was immune from […]
How Much Time Do I Have to Appeal a New Jersey Civil Court Decision?
The time to appeal a New Jersey court decision involving a civil matter will depend upon whether it is an appeal from a trial court decision or an appeals’ court decision. It will also depend upon whether the appeal is from a final judgment. There is an automatic right of appeal from a final judgment […]
Plaintiff Barred From Calling PIP IME Doctor as Expert at Trial
Plaintiff Jo Ann Catello Onello appealed from an order dismissing her complaint with prejudice following a jury verdict of no cause of action and an oral ruling barring the testimony at trial of her IME PIP doctor, Dr. Mark Berman. Plaintiff had been injured in a motor vehicle accident and sued the defendant who rear-ended […]
When Can A Defendant Successfully File An Initial Motion To Dismiss Based Upon The Pleadings Versus A Motion For Summary Judgment?
When a lawsuit is filed in New Jersey state court and the defendant believes that it has a strong defense against the claims asserted by the plaintiff, when is the best time to file a motion with the court asking for the lawsuit to be dismissed? Can the motion be filed immediately in lieu of […]
Multiple Trials Error by Defense Counsel Merit Reversal of Jury Verdict
The Appellate Division on December 6, 2018 issued a reported opinion addressing several key issues regarding trial tactics. Given that this opinion was approved for publication, it must be assumed that it is the Appellate Division’s intention to emphasize the issues addressed therein so as to influence the conduct of future trials. The matter is […]
Expert Testimony Needed for Questioning as to Airbag Deployment in Automobile Accident Case
In a recently published Atlantic County Law Division case, Taing v. Braisted, 2017 N.J. Super. LEXIS 182 (Law Div. October 23, 2017), Judge Marczyk dealt with the issue as to whether defense counsel can question plaintiff about whether his airbag deployed in his vehicle at the time of the accident. The judge noted that there […]
Modified Jury Charge Permitted Concerning How to Evaluate Motor Vehicle Damage without Photographs of Vehicles
In a published Law Division decision, Abdurraheem v. Koch, 2018 N.J. Super. LEXIS 145 (Law Div. Mar. 19, 2018), the trial judge in an Atlantic County automobile negligence case was asked to modify Model Jury Charge 5.34 “Photographic Evidence in Motor Vehicle Accidents,” when there was testimony as to the damage of the vehicles involved […]
Betsy G. Ramos
redbanknaacp
Stephen Gilbert
Tom Begley
Connect With Capehart Scatchard