NJ Litigation
Landowner’s Liability Act Does Not Extend to Local Beaches or the Ocean
In Timpanaro v. Jenkinson’s Pavilion, Inc., 2025 N.J. Super. LEXIS 71 (App. Div. Nov. 21, 2025), the estate of Anthony Timpanaro sued Jenkinson’s Pavilion, a boardwalk amusement complex with access to Point Pleasant Beach, for negligence arising from Anthony’s drowning death. The case arose when, a few weeks after Labor Day, 2020, grandfather Anthony and […]
Court Finds County Not Liable for Fall on Public Sidewalk Adjacent to County Road
Plaintiff Frances Hice tripped and fell and suffered injuries as a result of an uneven public sidewalk slab on Watchung Avenue in Bloomfield. The sidewalk abutted a private residence owned by defendants Jose Cruz and Angelica Delacruz. The sidewalk was adjacent to a road (Watchung Avenue) owned by the County of Essex. The issue in […]
State Law Claims Dismissed In Error When Federal Court Declined Supplemental Jurisdiction Over Claims
This matter involved the consequences of a federal court’s dismissal of a case and whether the plaintiff’s subsequently filed state court action was barred by principles of res judicata or other legal doctrines. Plaintiff Randi Zupko filed a complaint in federal district court against defendants County of Ocean, Scott Waters, and Robert Greitz. After the […]
Court Finds Defendants Unable To Pay Medicare Lien Directly Because Not Part of Settlement Reached
Plaintiff Walter Cabezas, as administrator of the Estate of Aldemar Cabezas, filed a wrongful death lawsuit following the death of Aldemar Cabezas who was struck by a vehicle owned by defendant Penske Truck Leasing Co. on September 7, 2021. Medicare issued a conditional payment letter to plaintiff, stating that Medicare had identified $62,100.82 in conditional […]
Homeowner Not Responsible for Plaintiff’s Injury Caused by Slip on Ice in Front of Home
Plaintiff Joseph Costigan was walking on the sidewalk in front of the home of the defendants Gurprit and Sneh Bains when he slipped and fell on a patch of ice and struck his head. He claimed that the drainage system on defendants’ property, that ran down the driveway and across the sidewalk, was faulty and […]
Appellate Division Refuses to Allow Plaintiff to Use the “John Doe” Rule to Avoid a Statute of Limitations Dismissal
New Jersey’s two-year statute of limitations is very strict, requiring a plaintiff to file their personal injury suit within two years of the date of the accident or injury or suffer a permanent bar to sue anyone for their injuries. New Jersey’s fictitious party rule (“John Doe” Rule), U. 4:26-4, provides a safe haven to […]
District Court Finds That Mode of Operation Rule Did Not Apply to a Fall From a Blueberry Sold in a Clamshell Container
Plaintiff Jessica Nunez was shopping at the Clifton Costco and claimed that she slipped and fell on at least one blueberry on the floor in the meat department. She sued Costco for her personal injuries. The issue in Nunez v. Costco Wholesale Corp., 2025 U.S. Dist. LEXIS 196212 (D.N.J. Oct. 3, 2025) was whether Costco […]
Civil Rights Complaint Dismissed Because Group Pleading Filed Against Public Officials and Police Officers
This matter arose due to a dispute in 2021 between plaintiff Kelsey Kelly and her ex-husband, defendant Karl Kelly, which led to plaintiff’s arrest and criminal charges being filed against her. While preparing for a trip to Texas, plaintiff entered her motor vehicle and removed two handguns from the trunk. At that time, her ex-husband […]
Appellate Division Upholds Trial Court’s Involuntary Dismissal of Plaintiff’s Personal Injury Claim Due to Her Failure to Prove Liability
The Pro Se plaintiff Tannia Winston tried her personal injury case on her own against 7-Eleven. She claimed that she was injured due to a slip and trip at defendant’s convenience store. The issue in Winston v. 7-Eleven, Inc., 2025 N.J. Super. Unpub. LEXIS 1705 (App. Div. Sept. 18, 2025) was whether the trial court […]
Shooting Victim’s Failure to Show Newark PD’s Custom of Excessive Force Allows District Court to Dismiss Complaint
On New Year’s Eve in 2020, three undercover detectives of the Newark Police Department (NPD) were patrolling a high-crime area in their unmarked vehicle. Upon hearing what sounded like gunshots, they sped to the location they believed the gunshots came from. One detective exited the car with his gun drawn, accidentally bumped into a man […]
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