Multiple Trials Error by Defense Counsel Merit Reversal of Jury Verdict
The Appellate Division on December 6, 2018 issued a reported opinion addressing several key issues regarding trial tactics. Given that this opinion was approved for publication, it must be assumed that it is the Appellate Division’s intention to emphasize the issues addressed therein so as to influence the conduct of future trials. The matter is […]
Appellate Division Approves Suit By Comp Carrier Against Third Party Tortfeasor Even Where Injured Worker Had A Verbal Threshold Policy
Automobile insurance carriers should expect an uptick in workers’ compensation carrier subrogation claims for medical expenses and temporary disability benefits, regardless of whether the injured worker was subject to the verbal threshold in his/her personal automobile policy based upon the recent published Appellate Division decision in New Jersey Transit Corporation v. Sandra Sanchez, A-0761-17T3 (App. […]
Step-down Provision in Auto Policy as to Spouse Upheld by Court
Plaintiff Lori-Anne Michel was injured while walking in a crosswalk when she was struck by a car being driven by Rosa Ludena (“Ludena”). Ludena had a basic policy that did not provide any liability coverage. Plaintiff was a named insured under a USAA policy that provided $25,000 in underinsured motorist (“UIM”) coverage and, after submitting […]
Appellate Division Reverses Order Denying Motion to Dismiss NJCRA Claims against New Jersey DEP Employees on the Basis of Qualified Immunity
By: Benjamin H. Zieman, Esq. Edited by: Betsy G. Ramos, Esq. In the recent precedential opinion of Radiation Data, Inc. v. N.J. Dep’t of Envtl. Prot., 2018 N.J. Super. LEXIS 149 (App. Div. Nov. 2, 2018), the Appellate Division highlighted the importance of resolving a public employee’s assertion of qualified immunity on a motion to […]
Fitness Club Liability Waiver Form Found to be Unenforceable
Plaintiff Kyung Pak was injured while participating in the fitness class at the defendant NJ Fitness Factory’s fitness center. She had signed a waiver form, in which she waived any liability claims she had against the fitness club. The issue in Pak v. NJ Fitness Factory, Inc., 2018 N.J. Super. Unpub. LEXIS 916 (App. Div. […]
Expert Testimony Needed for Questioning as to Airbag Deployment in Automobile Accident Case
In a recently published Atlantic County Law Division case, Taing v. Braisted, 2017 N.J. Super. LEXIS 182 (Law Div. October 23, 2017), Judge Marczyk dealt with the issue as to whether defense counsel can question plaintiff about whether his airbag deployed in his vehicle at the time of the accident. The judge noted that there […]
Modified Jury Charge Permitted Concerning How to Evaluate Motor Vehicle Damage without Photographs of Vehicles
In a published Law Division decision, Abdurraheem v. Koch, 2018 N.J. Super. LEXIS 145 (Law Div. Mar. 19, 2018), the trial judge in an Atlantic County automobile negligence case was asked to modify Model Jury Charge 5.34 “Photographic Evidence in Motor Vehicle Accidents,” when there was testimony as to the damage of the vehicles involved […]
Judge Charged Wrong Jury Charge for Social Guest Premises Liability Case
Plaintiff Staci Piech was attending a 40th birthday party hosted by the defendant John Layendecker for his son Glenn Layendecker when she suffered an injury. Glenn was using a hollow metal pipe to strike a piñata, which broke off and struck her arm. She sued both John and Glenn Layendecker for her injuries. As to […]
Should You Reject a New Jersey Arbitration Award and File a Demand for a Trial De Novo? What Are The Pros and Cons?
In the New Jersey Superior Court, personal injury lawsuits are subject to mandatory arbitration pursuant to Rule 4:21A-1. These suits would include automobile accidents and all other personal injury matters except professional malpractice and products liability lawsuits. Once an arbitration award is entered, a decision needs to be made whether to accept or reject the […]
Plaintiff Covered by Domestic Partner’s Verbal Threshold Selection in Insurance Policy
Plaintiff Robert Calderone (“Calderone”) claimed to have been injured as a result of an automobile accident with the defendant Michael DeFeo II (“DeFeo”). After Calderone sued DeFeo for his injuries, the defendant filed a motion for summary judgment, requesting a dismissal on the basis that plaintiff’s injuries did not satisfy the verbal threshold (also known […]
Betsy G. Ramos
redbanknaacp
Stephen Gilbert
Tom Begley
Connect With Capehart Scatchard