Trial
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 […]
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 […]
Court Finds That Mode of Operation Doctrine Properly Charged for Slip and Fall Accident
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, […]
New Trial Granted Due to Court’s Failure to Provide Six Peremptory Challenges to Defendants
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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