“Special Employee’s” Personal Injury Civil Claim Found Barred By Workers’ Compensation Exclusive Remedy Defense
In a published Appellate Division decision, Hocutt v. Minda Supply Co., 2020 N.J. Super. LEXIS 201 (App. Div. August 7, 2020), the Appellate Division addressed whether the plaintiff employee (Carlton Hocutt III) qualified as a “special employee” of the defendant Minda Supply Company (“Minda”), whether his claim was barred by the Workers’ Compensation Act (“WCA”), […]
New Jersey Jury Trials to Resume on Limited Basis
Beginning in mid-September, New Jersey will resume jury trials on a limited basis. Three counties have been chosen to start the resumption of trials – Atlantic/Cape May, Bergen, and Cumberland/Gloucester/Salem vicinages. The plan is to start with criminal trials and then expand to other counties and both criminal and civil trials. The plan is to […]
District Court Dismisses Claim For Personal Injury Caused By A Trip Over Advertising Sign
Plaintiff Richard Connors visited the defendant’s Sam’s Club Store on a clear, sunny and dry day. Outside the store entrance was a metal advertisement sign, which was positioned next to a flower display and about three feet to the right of the entrance door marked “Welcome.” In Connors v. Wal-Mart Stores Inc., 2020 U.S. Dist. […]
Supreme Court Rules That Made-Whole Doctrine Does Not Apply To A Self-Insured Retention
In the lawsuit of City of Asbury Park v. Star Insurance Co., 2020 N.J. LEXIS 746 (June 29, 2020), the Supreme Court addressed a question of New Jersey law at the request of the United States Court of Appeals for the Third Circuit. The question that was asked was “whether, under equitable principles of New […]
Plaintiff Unable to Pursue Injury Claim Incurred When Knocked Over By Defendants’ Dog in Dog Park
Plaintiff, Janet Freed, took her dog, a female golden doodle, into the Off-Leash Dog Area of Thompson Park, a Monmouth County Park. The dog owned by the defendants Linda and Frank Bastry, a male golden retriever, ran into plaintiff while chasing her dog and caused her injury. In Freed v. Bastry, 2020 N.J. Super. Unpub. LEXIS […]
Neither County, Nor Board Of Education Held Liable For A Student Injured In Gym Class
Plaintiff Cora Kerton, on behalf of J.R., her minor daughter, filed suit against the County of Hudson and the Board of Education for the Hudson County Schools of Technology, as well as the superintendent and principal of the school, due to an injury that her daughter suffered in gym class. Her daughter suffered an injury […]
Divided Supreme Court Finds Employers May Pursue Subrogation for Workers’ Compensation Benefits Paid for Economic Loss Where Employee Did Not Seek or Receive PIP Benefits
On May 12, 2020, the Supreme Court of New Jersey addressed whether an employer can maintain a subrogation action to recoup workers’ compensation benefits paid for economic loss where (1) its employee is barred from maintaining an action against the tortfeasors due to his election of the limitation-on-lawsuit option in his personal automobile policy; (2) […]
New Jersey State Courts Gradually Reopening
The New Jersey Supreme Court has approved the first part of the New Jersey Courts Post Pandemic Plan for transitioning from fully remote court operations (Phase 1) to the gradual return to courthouse and court facilities (Phase 2). The courts will begin the implementation of Phase 2 starting on June 22, 2020. Up until June […]
Target Found Not Liable for Child’s Injury Which Occurred After Fall off Bollard in Front of Store
The minor plaintiff, five year old, Vince Costello, was shopping at a Target Store with his aunt, Liza Costello. After shopping, they were waiting outside the store for a ride home when Vince began playing on top of a red, spherical bollard in front of the store. After playing for some time, he fell off […]
County Found Not Liable For Trip Over Pipe Due To Plaintiff’s Failure To Prove Notice
Plaintiff Ellen Cavilla tripped over a partially exposed pipe and broke her wrist while fishing in Gaskill Park in April 2015. She sued Atlantic County for negligence due to her injuries. The issue in Cavilla v. County of Atlantic, 2020 N.J. Super. Unpub. LEXIS 877 (App. Div. May 11, 2020), was whether a negligence claim […]
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