Plaintiff’s Counsel Barred from Asking Plaintiff at Trial Whether Passenger in His Vehicle Suffered an Injury
Plaintiff Haroon Rashid claimed to have suffered an injury while working as a jitney driver when his vehicle was struck on the passenger side by defendant’s vehicle shortly after plaintiff picked up passengers from a local casino. One of the passengers was thrown from her seat, injured, and taken to the hospital by ambulance. In […]
Food Poisoning Claim Against Restaurant Dismissed Due to Lack of Proof
Plaintiff Kathleen Nicholson and John Nicholson sued the Outback Steakhouse (“Outback”) after Kathleen became ill after eating at the Outback. She claimed that her dinner at the Outback was the source of the Salmonella bacteria that caused her illness. In Nicholson v. Bloomin Brands, Inc., 2018 N.J. Super. Unpub. LEXIS 1817 (App. Div. July 30, […]
Plaintiff’s Personal Injury Claim Arising from Auto Accident Barred Due to His Inability to Establish a Permanent Injury as Required by Verbal Threshold Law
Plaintiff Hector Reyes claimed to have suffered personal injuries as a result of an automobile accident with defendant John Stanley. Plaintiff’s automobile insurance policy contained the limitation on lawsuit option (i.e., “verbal threshold”) which limited his ability to sue for noneconomic damages (i.e., his pain and suffering) under the Automobile Insurance Cost Reduction Act, specifically […]
Loss of Control Over Motor Vehicle Due to Slippery Substance on Roadway Does Not Definitively Establish Negligence
Plaintiff Fr. Babu T. Paramel (“Paramel”) was in a motor vehicle accident with defendant Merca Martinez (“Merca”) on Rt. 7 in Jersey City. Prior to the accident, Paramel had been driving eastbound on Rt. 7 and Merca was travelling westbound. As plaintiff was driving over a bridge, Merca lost control of her car due to […]
Third Circuit Rules that Plaintiff May Sue Insurance Carrier under the Consumer Fraud Act for Deceptive Practices with Respect to her Personal Injury Claim
Plaintiff Ana Lidia Alpizar-Fallas sued Progressive Garden State Insurance Company (“Progressive”) and one of its agents, claiming that the Progressive agent violated the Consumer Fraud Act due to deceptive business practices. Alpizar-Fallas was insured by Progressive, as was the driver of the other vehicle. She claimed to have suffered a personal injury in a car […]
Plaintiff Unable to Meet Verbal Threshold Based Upon Family Doctor’s Opinion Of Decline in Mental Status Due to Car Accident
Plaintiff Ann Giesguth was in a motor vehicle accident with a car driven by defendant Anthony Costanza. A week after the accident, she was found unresponsive and was taken to the hospital. She was diagnosed with a pulmonary embolism. The hospital notes indicated that she “apparently suffered a closed head injury, TBI (traumatic brain injury) […]
Plaintiff Barred From Calling PIP IME Doctor as Expert at Trial
Plaintiff Jo Ann Catello Onello appealed from an order dismissing her complaint with prejudice following a jury verdict of no cause of action and an oral ruling barring the testimony at trial of her IME PIP doctor, Dr. Mark Berman. Plaintiff had been injured in a motor vehicle accident and sued the defendant who rear-ended […]
Court Applies Mode of Operation Rule to Injury in Supermarket Caused by Water on Floor Due to Melted Snow from Shopping Cart
Plaintiff Mindy Klarman was at Pathmark’s Lake Hopatcong supermarket on January 31, 2011 when she fell. She slipped on a puddle of water near the checkout, which came from snow off of the bottom of shopping carts, which had been brought into the store. In Klarman v. Pathmark Supermarket, 2018 N.J. Super. Unpub. LEXIS 2808 […]
Apartment Complex Found not Liable to Plaintiff Who was Injured as a Result of Drive-By Shooting
Plaintiff Najee Paschall was in the vicinity of the Defendant Norfolk Square Apartments when he was shot as a result of a drive-by shooting. He was walking by the apartments when he saw a white van drive by, open its doors, and a person started shooting. Plaintiff was shot in the back. In Paschall v. […]
When Can A Defendant Successfully File An Initial Motion To Dismiss Based Upon The Pleadings Versus A Motion For Summary Judgment?
When a lawsuit is filed in New Jersey state court and the defendant believes that it has a strong defense against the claims asserted by the plaintiff, when is the best time to file a motion with the court asking for the lawsuit to be dismissed? Can the motion be filed immediately in lieu of […]
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