Fitness Club’s Waiver of Liability and Assumption of Risk Clauses in Agreement Found to Bar Member’s Personal Injury Claim
Plaintiff, Leah Skarbnik was a member of the defendant fitness facility, Life Time Fitness, Inc., and was injured after participating in a yoga class at the facility. She fell after participating in a “hot yoga” class. The issue in Skarbnick v. Life Time Fitness, Inc., 2021 N.J. Super. Unpub. LEXIS 2068 (App. Div. Sept. 2, […]
Parent Witnessing Children Struck By Car Not Entitled To Underinsured Motorist Benefits
The plaintiff, B.G., drove his two children to school and parked his car next to the curb and across the street from the school building. He got out of his car and helped his children exit the car, leaving the engine in his car running. After walking his children one block to a crosswalk staffed […]
Landlord Found Not Liable For Tenant’s Fall On Interior Stairway of Residence
Plaintiffs Charles and Deborah Stenger sued their landlord, defendant Bulent Koroglu, for Charles Stenger’s trip and fall that occurred on the bottom step on the stairway to plaintiffs’ leased residence. They allege that their landlord failed to warn them of a latent defect in the stairway. The issue in Stenger v. Koroglu, 2022 N.J. Super. […]
New Jersey Enacts Bad Faith Law Covering the Payment of Uninsured/Underinsured Motorist Benefits
On January 18, 2022, Governor Murphy signed into law the “New Jersey Insurance Fair Conduct Act” (“IFCA”) which creates a private cause of action for insurance bad faith in the handling and payment of claims for uninsured/underinsured (“UM/UIM”) benefits. Under the IFCA, a claimant “who is unreasonably denied a claim for coverage or payment of […]
Injured Passenger Involved In Auto Accident Not Entitled To Underinsured Motorist Coverage Under Owner’s Business Insurance Policy
Plaintiff, Maria Lopez Menjivar, and her friend and plaintiff’s boyfriend, had just returned from visiting a casino in Pennsylvania. Plaintiff’s friend had driven her minivan and parked it on the side street in Plainfield, near where the plaintiff and her boyfriend lived. While plaintiff was a back seat passenger of the vehicle, the defendant Neltson […]
Personal Injury Claim Against Church Barred by Charitable Immunity Act
Plaintiff Michele Bass fell and suffered an injury while walking down an exterior staircase while attending a meeting at the defendant House of Prayer, Church of God in Christ of Orange. She claimed that she fell due to a negligent condition of the Church’s stairs, including dangerous cracks. The issue in Bass v. House of […]
Court Finds City Not Liable For Plaintiff’s Injury Suffered From Stepping Into Pothole
Plaintiff Giani Petty broke her ankle when she stepped into a pothole on a residential street in Newark. The plaintiff sued the City of Newark for her injuries suffered as a result of the fall. The issue in Petty v. City of Newark, 2021 N.J. Super. Unpub. LEXIS 3122 (App. Div. Dec. 20, 2021) was whether […]
Failure To Serve Defendant And Seek Reinstatement Of Complaint for Seven Years Justifies Order Denying Reinstatement Of Complaint
Plaintiff Mildred Valentin sued defendant Sabrina Pinckney for an automobile accident that occurred in October 2011. However, she failed to successfully serve the defendant with the complaint until seven years later and, in the interim, the complaint had been dismissed for lack of prosecution. The issue in Valentin v. Pinckney, 2021 N.J. Super. Unpub. LEXIS […]
Homeowners Found Not Responsible For Plaintiff’s Injury Caused By Raised Sidewalk Slab In Front Of Defendants’ Home
Plaintiff, Susan Mondie, tripped and fell on a raised sidewalk slab in front of the home owned by defendants, Christopher Linton and Tami Wolfelsperger. Plaintiff claimed that the homeowners should be liable for her injury caused by her fall because a predecessor in title planted a pear tree next to the sidewalk and its roots […]
Plaintiff Was Not Entitled To UIM Benefits From Brother’s Policy Due To Coverage Being Provided Under His Own Personal Vehicle
Plaintiff Christopher Ricciardi sued Allstate Insurance Company for underinsured motorist (UIM) coverage. He was injured in a January 15, 2017 collision with an underinsured motorist while driving his brother’s pickup truck during their move to Florida. Allstate insured his brother’s pickup truck. Plaintiff had a personal vehicle insured by GEICO. The issue in Ricciardi v. […]
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