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Trial

Court Denies Defendant Motorist Request for Mockler Jury Charge

By on May 2, 2025 in NJ Litigation, Trial with 0 Comments
Court Denies Defendant Motorist Request for Mockler Jury Charge

Plaintiff Melissa Presbery was stopped at a red light when she was rear ended by defendant Jason Willitts.  Willitts was unable to stop due to a wet roadway.  The issue in Presbery v. Willitts, 2025 N.J. Super. Unpub. LEXIS 406 (App. Div. Mar. 17, 2025) was whether the trial court correctly denied the defendant’s request […]

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Defendant Failed to Timely Demand a Jury Trial

By on February 16, 2024 in NJ Litigation, Trial with 0 Comments
Defendant Failed to Timely Demand a Jury Trial

Plaintiff Shree Atulya Realty, LLC filed a lawsuit against defendant Jorlinar Santos concerning the purchase of property from defendant located in Newark.  As part of the purchase, the plaintiff financed directly with the defendant (the seller) a portion of the purchase price with a note and mortgage on the property.  The payments to the seller […]

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Court Finds That Mode of Operation Doctrine Properly Charged for Slip and Fall Accident

By on August 18, 2023 in NJ Litigation, Trial with 0 Comments

Plaintiff Lavant Jones slipped and fell inside the vestibule of defendant Rite Aid’s Willingboro store.  She slipped on a plastic tablecloth and brochure that had blown off a display table setup by Rite Aid to promote a flu vaccine program.  In Jones v. Rite Aid, 2023 N.J. Super. Unpub. LEXIS 1201 (App. Div. July 17, […]

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New Trial Granted Due to Court’s Failure to Provide Six Peremptory Challenges to Defendants

By on February 24, 2023 in NJ Litigation, Trial with 0 Comments

Plaintiff Elaine Kelly was injured in a motor vehicle accident on July 8, 2016 and filed a lawsuit against defendants Norma Marcano and Max Marcano.  The matter was tried before a jury, who unanimously found the accident was caused by the negligence of defendant Max Marcano, found the plaintiff was not comparatively negligent, and awarded […]

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