Plaintiff’s Injury Claim Against Municipality Caused by Stepping Into Pothole Fails Due to Lack of Notice of Condition
Plaintiff Reginald Jones was injured when he was attempting to cross in the middle of Isabella Avenue in Irvington. While stepping off the curb, his foot became stuck in a hole in the street adjacent to the curb. It caused him to fall and suffer injuries. The issue in Jones v. Township of Irvington, 2024 […]
Plaintiff Unable to Recover for Negligent Infliction of Emotional Distress Suffered in Finding Body of Murdered Friend in Their Hotel Room
This case involved an emotional distress claim filed by plaintiff Richard Sperazza in waking up to find the body of his murdered friend and co-worker in the hotel room they were sharing during a work assignment. Plaintiff and his deceased friend and co-worker were sharing a hotel room during an out of town work assignment. […]
Day in the Life Video Excluded at Trial
Plaintiff Tameko Sawyer was in a motor vehicle accident with defendant Randy Lucas in which she claimed to have suffered an injury to her neck, lower back, and shoulder. Defendant Lucas had been driving a tractor-trailer owned by defendant Hicks Paving, LLC and Hicks Septic & Portable Toilets, LLC on Route 78, when he moved […]
Employer Found Not Liable for an Auto Accident Caused by an Employee Who Stole Van From Employer
Plaintiff Richard Finaldi (“Finaldi”) was in an automobile accident with defendant Matthew Knight (“Knight”), one of defendant Cornucopia Logistics, LLC’s (“Cornucopia”) dispatchers. Knight had stolen a Cornucopia delivery van, fell asleep while operating the van, went through a red light and collided with plaintiff Finaldi. Plaintiff Finaldi suffered serious injuries as a result of the […]
The Consequences of Coaching Your Witness During Trial
The case of Hernandez v. La Fortaleza, Inc., 2024 N.J. Super. Unpub. LEXIS 22 (App. Div. Jan. 5, 2024) is a lesson as to why counsel should not coach their witness during trial. This case involved a slip and fall accident in which the plaintiff Hernandez claimed that she fell on an uneven raised defect […]
Warrant to Satisfy Judgment Bars Claim to Challenge Ruling Denying Claim for Future Medical Expenses
Plaintiff Linda Brehme appealed a trial court in limine ruling barring her claim for future medical expenses. She had sued defendants Thomas Irwin and New Jersey Manufacturers Insurance Company for personal injuries resulting from an automobile accident. The issue in Brehme v. Irwin, 2023 N.J. Super. Unpub. LEXIS 2401 (App. Div. Dec. 27, 2023) was […]
No Liability Found for Jersey City for Injury Caused by Trip and Fall on Uneven Pavement
Plaintiff Linda Emmanoulidis was walking her dog in Enos Park in Jersey City when she tripped and fell on an uneven pavement and sustained injuries. The issue in Emmanoulidis v. City of Jersey City, 2023 N.J. Super. Unpub. LEXIS 477 (App. Div. Mar. 30, 2023) was whether the City could be liable for a pedestrian […]
Insurance Carrier Not Estopped From Denying Coverage After Affording Defense of Its Insured From an Automobile Accident
This case involved an insurance coverage dispute from an automobile accident involving an employee of defendant Century Waste Services, LLC (“Century”). The employee was driving a vehicle owned by a manager’s mother, which was a vehicle not covered under the insurance policy issued to Century by United Specialty Insurance Company (“USI”). The trial court had […]
Plaintiff’s Personal Injury Claim Found Barred by Statute of Limitations
Plaintiff, the Estate of Irene Avagnano appealed the trial court’s order granting summary judgment, dismissing the personal injury action filed against defendants, Atrium Post Acute Care at Wayneview (“Atrium”) and Pulse Medical Transportation (“Pulse”). Plaintiff had alleged claims of negligence, gross negligence and violation of the New Jersey Nursing Home Responsibilities and Rights of Residents […]
Plaintiff’s Loss of Balance May Satisfy the Permanency Requirement of the Tort Claims Act
Plaintiff Berta Abreu Flores was injured as a result of a collision by the defendant North Hudson Regional Fire & Rescue Department’s fire engine. During a training exercise, the fire engine crossed the road and struck the front of her residence opposite the fire house where plaintiff was working on the first floor. She claimed […]
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