Negligence
Premises Liability Case Dismissed Against Supermarket Due To Plaintiff’s Failure To Prove Constructive Notice of Spill
The plaintiff Beverly Jackson slipped and fell on a quarter size dollop of shampoo from a bottle that had just fallen from the shelf in the pharmacy department of the defendant supermarket. Based upon video evidence, this shampoo had fallen on the ground three minutes before her fall. In Jackson v. ShopRite of Ewing, 2019 […]
Meeting the Verbal Threshold Requirement for an Automobile Accident Injury through Scarring or a Permanent Injury
The 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 […]
Court Finds Contractor Not Responsible For Accidental Death Of Subcontractor’s Employee
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 […]
Court Determines That Property Owner Can Be Held Liable For Fall on Slippery Floor Due To Prior Notice of Condition
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 […]
University Found Potentially Liable To Roofing Contractor Who Was Injured When He Fell Off The Library Roof
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), […]
Appellate Division Finds That Homeowner May Be Responsible For Her Sister’s Fall Due to a Negligently Maintained Handrail
Plaintiff Dawn O’Neill claimed to have suffered a serious injury when she fell down the exterior steps of her sister’s home due to a negligently maintained handrail. The trial court had granted summary judgment to the defendants (plaintiff’s sister and her brother-in-law), determining that they did not breach any duty owed to plaintiff and that […]
Driver Of Automobile Found Not Liable For Auto Accident When No Ability to Avoid Collision
Plaintiff Cirillo Gonzalez was a passenger in the motor vehicle being operated by defendant Hector Lopez, which was involved in a collision with defendant Everlynia Hudson. The Hudson vehicle entered the roadway in front of the Lopez vehicle without stopping at a stop sign. The issue in Gonzalez v. Lopez, 2019 N.J. Super. Unpub. LEXIS […]
Expert Testimony Not Needed to Establish Unlit Walkway Drop Off Was A Dangerous Condition
Plaintiff Holly Hughes was a Certified Nursing Assistant who was hired by the defendant decedent’s daughter to provide nursing care to decedent (Leonard Owen) in his home. On her first day of work, as she was leaving work, she tripped and fell at the end of the walkway, apparently due to a substantial drop off. […]
Supreme Court Finds That Defendant Employee Was Not Obligated To Report That His Co-Worker Was Engaged In Sexual Relationship With Minor
When minor Plaintiff G.A.H. was 15 years old, she began a sexual relationship with the defendant “Kenneth” when he was 44. During the time period of this illegal relationship, Kenneth worked for defendant GEM Ambulance LLC (“GEM”) as an EMT. The issue in the New Jersey Supreme Court case of G.A.H. v. K.G.G., 2019 N.J. […]
Owner of Commercial Property With Triple Net Lease Agreement Found Not To Be Liable For Fall on Sidewalk
Plaintiff Edna Albert slipped and fell on a sidewalk outside a Pathmark grocery store and suffered personal injuries. The Pathmark had leased the premises from Klingensmith Associates, LLC (“Klingensmith”). The issue in Albert v. Pathmark Stores, Inc., 2019 N.J. Super Unpub. LEXIS 1586 (App. Div. July 10, 2019), was whether the commercial landowner, Klingensmith, who […]
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