Arbitration Clauses: Valid or Invalid?
The answer is “Valid,” thanks to the efforts of Capehart Scatchard shareholder Laura D. Ruccolo, Esq. who won a landmark decision on June 5, 2019, which will impact business entities in New Jersey for many years to come. Who Decides Whether an Arbitration Clause in a Commercial Contract is Valid? “The arbitrator,” said the New Jersey […]
Homeowner Found Not Liable for Injuries Suffered from Fall on Sidewalk
The plaintiff Terry Peifer was walking her dog when she tripped and fell on the sidewalk bordering the front yard of the home owned by defendant Clarence Mesday. Plaintiff claims to have fallen on a raised sidewalk. The issue in Peifer v. Mesday, 2019 N.J. Super. Unpub. LEXIS 990 (App. Div. May 1, 2019) was […]
Defense IME Doctor Found to Be Obligated To Provide Copies of Articles Referred to In His Report
The plaintiff, Frank Campbell was involved in an automobile accident with a vehicle operated by Joyce Roberts. Plaintiff claimed that Roberts negligently operated her vehicle and that her negligence was a proximate cause of his accident and his injuries. Plaintiff filed an Underinsured Motorist claim with his insurance company, Allstate Insurance Co. as a result […]
Legislative Update on Haines v. Taft
I had previously reported on the Supreme Court case of Haines v. Taft, 237 N.J. 271 (2019) which made inadmissible uncompensated medical expenses incurred as a result of an automobile accident that exceeded the plaintiffs’ $15,000 PIP coverage. After I submitted this article, I discussed with plaintiffs’ counsel whether that decision was specifically limited to […]
Landlord Found Not Liable to Injured Tenant Who Fell on Ice During Storm
Plaintiff, Samir Abdalla, alleged that he slipped and fell on an icy walkway in his apartment complex and suffered a fractured radius in his left arm. He sued his landlord Threegees t/a Monaco Arms, Inc., claiming that the defendant was negligent in failing to clear ice on the sidewalk in the apartment complex. The issue […]
How Much Time Do I Have to Appeal a New Jersey Civil Court Decision?
The time to appeal a New Jersey court decision involving a civil matter will depend upon whether it is an appeal from a trial court decision or an appeals’ court decision. It will also depend upon whether the appeal is from a final judgment. There is an automatic right of appeal from a final judgment […]
Plaintiffs May Recover For Diminution of Value of Motor Vehicle Involved In Accident
In four consolidated cases appealed to the Appellate Division, the Court decided whether the plaintiffs, as motor vehicle owners, may recover for an additional reduction in value when their vehicles have become less desirable for resale due to the stigma of them having been damaged in an accident. In the published decision of Financial Services […]
Snow In Progress Defense Upheld By the Appellate Division
Plaintiff, Janet Dixon, while leaving work, slipped and fell on a sidewalk due to snow and ice. It was undisputed that she fell during a snow storm. In Dixon v. HC Equities Associates, 2019 N.J. Super. Unpub. LEXIS 1005 (App. Div. May 2, 2019), the issue was whether the defendant property owner was liable due […]
Plaintiff in Personal Injury Action Barred from Testifying that his Automobile was Totaled
Plaintiff Mariusz Kuzian claimed to have suffered personal injuries in a motor vehicle accident caused by the defendant Steven Tomaszewski. During the trial, his lawyer questioned him as to whether his vehicle was totaled in the accident. The issue in Kuzian v. Tomaszewski, 2018 N.J. Super. LEXIS 183 (Law Div. July 12, 2018) was whether […]
Does New Jersey Permit Recording of Defense IME’s?
Under New Jersey Court rules, when a plaintiff has made a claim for personal injuries, the adverse party may require that the plaintiff submit to a physical or mental examination pursuant to R. 4:19. The issue sometimes arises as to whether the defense medical examination may be recorded or attended by a representative of the […]
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