Litigation
Supermarket Found Not Liable for Vandalism to Employee’s Car Parked in Designated Area of Shopping Center Parking Lot
Plaintiff Tanisha Lane, a Whole Foods’ employee, was directed by her employer to park her vehicle in an area of the shopping center distant from the entrance to the store. While parked in that area during her shift, her side view mirror was stolen. The issue in Lane v. Whole Food, 2018 N.J. Super. Unpub. […]
Plaintiff’s Retail Safety Expert Found Not Qualified to Testify as Expert
Plaintiff Kim Yazujian sued PetSmart for an injury that occurred due to a slip and fall at one of their stores. The case was tried before a jury and the jury found PetSmart not liable. Plaintiff appealed on the basis that the trial court judge abused its discretion in excluding his retail safety expert from […]
Plaintiff’s Failure to Notify His Auto Insurance Carrier of Litigation Against Underinsured Tortfeasor Bars UIM Claim
Plaintiff Robert Ferrante was injured in an automobile accident in which the other motorist (“the tortfeasor”) caused the accident. Without informing his automobile insurance company, New Jersey Manufacturers (“NJM”), Plaintiff filed a lawsuit against the tortfeasor, participated in mandatory arbitration, rejected the award and asked for a trial de novo, refused a settlement offer, tried […]
Litigation Privilege Bars Lawsuit as to Alleged Defamatory Statement Made by Litigant
The plaintiff (an attorney) sued his former client, defendant Shai Harmelech, to collect on an unpaid legal bill. In the course of that lawsuit, the trial judge asked the parties if they would be interested in participating in a mediation to resolve the dispute. In response to the court’s request, Harmelech sent an email to […]
How to Apply Offer of Judgment Rule in an Underinsured Motorist Case
Plaintiff Sharon Seamon filed a lawsuit against her insurance company State Farm Insurance Company for underinsured motorist benefits (“UIM”) for injuries she suffered in an automobile accident. At trial, the jury awarded her $375,733.36 for her injuries. The issues in Seamon v. State Farm Insurance Co., 2017 N.J. Super. Unpub. LEXIS 3069 (App. Div. Dec. […]
Out-of-State Pedestrian Injured in New Jersey Not Entitled to PIP Benefits Under Deemer Statute
Plaintiff, Kathleen Leggette, a Virginia resident, was visiting her daughter at Princeton University and, while crossing the street, she was struck by a New Jersey driver. She was insured by Government Employees Insurance Company (“GEICO”) and claimed that GEICO should provide personal injury protection (“PIP”) coverage to pay for her bills under the Deemer Statute. […]
Occasional Business Use of Residence Does Not Convert Property to a Commercial Use for Purposes of Applying Sidewalk Law
Plaintiff James Engle fell on a public sidewalk in front of a residence owned by Melissa and Michael Larkin and sued them for the injuries he suffered from his fall. The defendant Michael Larkin owned a business, Paradise Pavers Pond Landscaping, LLC, and plaintiff asserted that it was operated out of this residence. In Engle […]
Plaintiff Can Be Compelled to Pay IME Missed Appointment Fee
Plaintiff Ann McInroy sued Village Supermarket, Inc. for injuries from a slip and fall in its supermarket. Defense counsel scheduled an exam with an IME doctor to examine the plaintiff for her claimed injuries. After 2 missed appointments, the IME doctor sent defense counsel a bill for $375, representing the missed appointment fee for these […]
Can Defendant Not Yet Criminally Charged Obtain Stay Of Civil Litigation To Preserve Right Against Self-Incrimination?
Sometimes a civil defendant may face potential criminal prosecution for the same events upon which the defendant was sued. As part of the civil litigation, the defendant may be called to provide testimony at deposition or trial that could be self-incriminating. Naturally, the defendant would not want to testify and may avoid doing so by […]
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