Landlord May Be Liable to Tenant Injured in The Process of Changing Lightbulb in Ceiling Fixture in Common Hallway
Plaintiff Evelyn Delgado was injured while trying to change the lightbulb of the ceiling fixture in the entrance hallway leading to her apartment. She tried to change the lightbulb by standing on a stair, leaning over the banister. She lost her balance, fell to the floor, and injured her leg. The issue in Delgado v. […]
Expert Needed to Prove Amount of Property Damage for Fire Loss
Plaintiff V&C Liquors, Inc. made a claim against PSE&G for fire damage to its Newark liquor store. At trial, PSE&G was found 100% liable by the jury and V&C was awarded $200,000 for property damage and $14,700 for lost rent. The trial court judge had permitted V&C’s principal to testify to the amount of the […]
No Attorney’s Fees Permitted Under Offer of Judgment Rule When not Preserved Under High-Low Agreement
Plaintiff Lucia Serico filed a motion for attorney’s fees following a jury trial in a medical malpractice case based upon an offer of judgment she had made before the trial. While the jury was deliberating, she entered into a high-low agreement with the defendant. When the jury returned a verdict of $6 million, which was […]
Offer of Judgment Sanctions Found Inapplicable in Multidefendant Case
Plaintiff Josh Willner suffered an injury while climbing a rock climbing wall that was owned by his employer (Ivy League Day Camp). He sued the camp, the manufacturer of wall and parts in the wall (Vertical Reality, Inc. and ASCO Numatics) under product liability theories. Before trial, he made a single offer of judgment as […]
Plaintiff, as Trespasser to Property, Owed Minimal Duty of Care by Landowner
The plaintiff injured himself when he tripped on an uncovered sewer drain in the parking lot of a doctor’s office across the street from his house. The plaintiff sued the owner of the property for his injuries, claiming the owner was negligent in failing to maintain the cover of the drain. The issue in Pisano […]
Mode of Operation Doctrine Rejected for Accident Caused by Fall on Laundry Detergent in Mailroom of Apartment Building
Plaintiff Maryann Zagloba injured her back when she slipped on laundry detergent spilled in the mailroom of her apartment building. She sued the owner of the building, Vista Gardens Associates LLC (“Vista Gardens”), for her injuries. She argued that the mode of operation doctrine should apply and, as a result, that she did not have […]
Plaintiff Unable to Prove Erectile Dysfunction Caused by Accident without Expert Testimony
In a damages only trial for an uninsured motorist claim, the jury awarded the plaintiff $1.5 million in compensatory damages. The judge molded the verdict to the insurance company’s $500,000 policy limit. Thereafter, in Chetney v. New Jersey Manufacturers Re-Insurance Co., 2018 N.J. Super. Unpub. LEXIS 1718 (App. Div. July 17, 2018), the UM carrier, […]
Supermarket Found Not Liable for Vandalism to Employee’s Car Parked in Designated Area of Shopping Center Parking Lot
Plaintiff Tanisha Lane, a Whole Foods’ employee, was directed by her employer to park her vehicle in an area of the shopping center distant from the entrance to the store. While parked in that area during her shift, her side view mirror was stolen. The issue in Lane v. Whole Food, 2018 N.J. Super. Unpub. […]
Plaintiff Failed to Prove Defendant Negligently Operated Her Vehicle at Uncontrolled Intersection
Plaintiff Maria Troiani-Schwartz and Defendant Elizabeth Dicker collided at an uncontrolled intersection in Hopewell, New Jersey. The traffic light at the intersection was not functioning due to Hurricane Sandy. In Troiani-Schwartz v. Dicker, 2018 N.J. Super. Unpub. LEXIS 1520 (App. Div. June 26, 2018), the plaintiff contended that summary judgment was inappropriate because there was […]
Medical Examiner’s Report Deemed Inadmissible in Wrongful Death Case
Plaintiff William Quail, as administrator for the Estate of Mary Quail, filed a wrongful death suit and survival action based upon his wife’s death that he claims was caused by an incident in a supermarket. The issue in Quail v. Shop-Rite Supermarkets, Inc., 2018 N.J. Super. LEXIS 86 (App. Div. June 4, 2018) was whether […]
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