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Appellate Division Again Rules that Residential Landowners Not Liable for Injury Caused by Fall on Abutting Public Sidewalk
Plaintiff Sunnie Corry was walking with her husband and daughter, as well as her grandchild, who was in a stroller, on the sidewalk abutting the defendants’ home. She tripped and fell over a raised and severely broken sidewalk and, as a result, suffered a severe rotator cuff injury. In Corry v. Barbieri, 2016 N.J. Super. […]
Court Refuses to Apply Mode of Operation Rule to Injury Claim Caused by Leaking Shampoo Bottle
Plaintiff Yolanda White was shopping with her daughter in defendant’s Fine Fare Supermarket when she fell. While about 3 feet from the checkout counter, she slipped and fell on liquid dish detergent that had spilled on the floor. In White v. 525 Meat Corp., 2016 N.J. Super. Unpub. LEXIS 372 (App. Div. Feb. 22, 2016), […]
Trial Court Improperly Admitted Evidence of Defendant’s Other Accidents to Prove He Was Negligent in Causing Auto Accident
Plaintiff Angela Gonzalez-Caceres was a rear passenger in a 2008 Toyota, seated directly behind the driver defendant Corrales. Plaintiff, who was asleep, was awakened by the impact from a collision involving the Toyota and a tractor-trailer driven by defendant Murray. She was injured and sued both Murray and Corrales for negligently operating their motor vehicles […]
No Spoliation Found Due to Failure to Preserve Surveillance Video
A failure to preserve relevant evidence could lead to a claim for spoliation of evidence with potentially dire sanctions against a party such as an adverse inference against that party, barring the use of an expert, or the dismissal of a claim. In the federal court case, Van De Wiele v. Acme Supermarkets, 2015 U.S. […]
Trial Court Erred in Refusing to Consolidate Plaintiff’s Lawsuits from Two Different Accidents
The Plaintiff Telma Moraes was injured in 2 different automobile accidents that occurred almost two years apart. In the first accident, she injured her neck, back, and left knee. Less than one year after she filed a lawsuit as to the first accident, she was rear ended and again suffered injuries to her neck and […]
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