Negligence
Plaintiff’s Burn Claim from Hot Marinara Sauce Not Barred Due to Disposal of Marinara Sauce Container
Plaintiff Martha Valdez ordered pizza and mozzarella sticks from the defendant Brooklyn’s Coal Burning Brick Oven Pizzeria. After purchasing the food, she returned to her car with her husband and he gave her the bag containing the mozzarella sticks and marinara sauce and she put the bag on her lap. After driving to the home […]
General Contractor Found Not to Be Liable for Injury To Subcontractor’s Employee at Job Site
The defendant Louis Gargiulo Company, Inc. (“Gargiulo”) was hired as a general contractor to perform certain work at the Hudson County Schools of Technology (“HCST”). Defendant Gargiulo hired Adamo Brothers Construction (“Adamo”) as its subcontractor to perform a portion of the removal and replacement of concrete at HCST. Plaintiff Luis Alfredo Sutuj, an Adamo employee, […]
Apartment Building Owner Found Not To Be Liable For Injury From Fall On Slippery Stairs Due To Lack Of Notice Of Condition Of Stairs
Plaintiff Widelande Raymond suffered a serious bodily injury when she slipped and fell on a slippery substance on her apartment building’s stairs. She sued the building owner, Layna Realty, LLC, and the property manager, Pentaurus Properties, LLC. The issue in Raymond v. Layna Realty, LLC, 2021 N.J. Super. Unpub. LEXIS 1673 (App. Div. Aug. 10, […]
New Jersey Supreme Court Adopts “Ongoing Storm” Rule with Limited Exceptions
In a June 10, 2021 opinion written in Pareja v. Princeton International Properties, Inc., 2021 N.J. LEXIS 549 (2021), the New Jersey Supreme Court adopted the “Ongoing Storm” Rule, which should be very useful to the defense bar in pursuing Summary Judgment as to claims arising out of slip and fall events that take place […]
New Jersey Rescue Doctrine Does Not Apply To Rescue Of Pet Owned By Defendants
Plaintiff Ann Samolyk almost drowned when she tried to rescue a dog owned by defendants Ilona and Robert Destefinis that had wandered into a canal between their respective homes in Forked River, New Jersey. After trying to rescue the dog, Ann was found unconscious on a “floating dock” and suffered “debilitating brain damage.” In the […]
Plaintiff’s NJ Lawsuit Dismissed Due To Inability To Describe Cause Of Trip And Fall
Plaintiff Evangelos Vassilakis sued defendants Thomas Kelly and Bonita Duffy, the owners of the property where plaintiff was a tenant, and also sued the owners of the property next to plaintiff’s apartment due to injuries suffered in a fall. Plaintiff claimed that he was injured when he fell on the defendants’ property. The issue in […]
County Not Entitled To Indemnification For Accident Caused By Its Own Negligence
Plaintiff Matthew Domenick tripped and fell while playing a softball game at Johnson Park in Piscataway. As sponsor of the softball league, defendant Brian Melnick obtained a permit from the defendant County of Middlesex. Melnick signed the County’s rules and regulations which contained a hold harmless agreement, requiring indemnification for claims arising from the conduct […]
Homeowner Not Responsible For Plaintiff’s Injury From Trip Over Raised Sidewalk Due To Tree Root
Plaintiff, Sevim Temiz, while walking past her neighbor’s residential property in Paramus, tripped over a raised portion of the sidewalk and fell. She filed a lawsuit alleging that the defendants Ghanshyam Patel and Bijal Patel negligently maintained their property. The issue in Temiz v. Patel, 2021 N.J. Super. Unpub. LEXIS 604 (App. Div. April 12, […]
Plaintiff Able To Assert Negligent Infliction Of Emotional Distress Claim Against Vet For Decapitating Deceased Cat To Perform Rabies Test
Plaintiff Mario Quesada brought his sick cat Amor to the defendant veterinarian Red Bank Veterinary Hospital where he was diagnosed with saddle thrombus which necessitated euthanization of the cat. Plaintiff was overcome with emotion and was permitted to say goodbye to Amor. During the euthanization process, the cat bit one of the nurses and the […]
Borough Found Not Liable For Slip And Fall Injury Due To Alleged Depression In Grassy Area Of Municipal Park
Plaintiff Suzanne Pagonis tripped and fell while walking across a grassy field at the Crestwood Lake Club, which was a recreational lake swimming complex owned by defendant Borough of Allendale and encompassed a municipal park, Crestwood Park. Her daughter had participated earlier in the day in a softball tournament at the Club’s facilities. Plaintiff fell […]
Betsy G. Ramos
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