Court Finds That Minor’s Left Elbow Fracture May Meet Permanency Requirement of Tort Claims Act
Plaintiff T.R.C. through his guardian ad litem Ada Cardenas filed a personal injury complaint against defendants, Harrison Board of Education, Harrison In District Day School, and the Town of Harrison due to an injury in the preschool program at the Harrison In District Day School. The minor plaintiff, while playing on the playground equipment, fell […]
Homeowner Did Not Have Insurance Coverage for Accident of Person Who Lived With Insured
Plaintiff Mary Ann Iaeck lived with Patricia Barnaba in a condominium owned by Defendant Barnaba. Plaintiff fell down a flight of stairs in the condominium and sued Barnaba, claiming that Barnaba’s negligence caused her fall. Barnaba had a homeowner’s insurance policy with personal liability coverage with Federal Insurance Company (“Federal”). The issue in Iaeck v. […]
Appellate Division Reverses and Remands No-Cause Verdict for Auto Negligence Claim Following Inadmissible Cross-Examination
By: Eric Richwine, Law ClerkEdited by: Betsy G. Ramos, Esq. The issue before the New Jersey Appellate Division in Rodriguez v. Cano, No. A-1561-21, 2023 N.J. Super. Unpub. LEXIS 1733 (App. Div. Oct. 12, 2023) was whether plaintiff Lenny Rodriguez (“Rodriguez”) was denied a fair trial following a no-cause verdict in a damages-only auto negligence […]
Casino Had No Duty to Protect Patron From Theft of Money Kept in Shopping Bag
Plaintiff, Sridhar Jayaraman, was a guest at Caesar’s Hotel and Casino in Atlantic City for a six-night stay. While sitting at the bar with his girlfriend, he had with him a black plastic shopping bag, allegedly containing $120,000 in cash. After he stepped away from the bar, an unknown male later identified as Frederick Exume […]
How Is Comparative Negligence Law Applied Under New Jersey Law?
Under New Jersey law, N.J.S.A. 2A:15-5.1 (the Comparative Negligence Act), for a lawsuit based upon negligence claims, juries are allowed to apportion fault for an accident to multiple parties and assign liability in terms of a percentage of fault to each party. What happens if a plaintiff is assessed a percentage of fault for the […]
Employers With Remote Employees Are Not Automatically Subject to Personal Jurisdiction in the State Where the Employee Is Based
Plaintiff James Tripp had filed a lawsuit against defendant Ascentage Pharma Group International, alleging various employment related claims. The issue in the federal court case, Tripp v. Ascentage Pharma Grp. Int’l, 2023 U.S. Dist. LEXIS 147949 (D.N.J. Aug. 23, 2023), was whether the court had specific personal jurisdiction over an employer by virtue of their […]
Newark Police Officers Immune from Tort Liability for Injuries that Occurred During a Vehicle Pursuit
By: Ruhani K. Aulakh, Law ClerkEdited by: Betsy G. Ramos, Esq. Priscilla Godoy was standing in between two parked cars in a line of several cars on May 5, 2018. As she was standing in between these cars, a Jeep Cherokee involved in a police chase crashed into a parked car several feet away from […]
Plaintiff’s Settlement of Property-Based Claim Against Landlord Found Not to Bar Subsequent Personal Injury Claim
Plaintiff Lourdes Gonzalez had filed a lawsuit against her landlord, defendant 908-910 Washington Street, LLC, alleging various theories of liability, based upon the condition of her apartment. That lawsuit was settled on certain terms which included a general release of any and all claims against the landlord. The issue in Gonzalez v. 908-910 Washington Street, […]
Plaintiff’s Personal Injury Claim Barred by the Statute of Limitations Due to Late Filing of Complaint
Plaintiff Simon King claimed to have suffered personal injuries from a motor vehicle accident that happened on August 12, 2019. He filed a complaint against the driver of the other vehicle, Renay Tripp, and Stonewood Tavern as a result of his alleged injuries. The issue in King v. Tripp, 2023 N.J. Super. Unpub. LEXIS 1072 […]
Superior Court Upholds Tort Claims Act Protections for Failure to Warn of a Dangerous Condition
The New Jersey Tort Claims Act provides that “a public entity is not liable for an injury” caused by an act or omission “[e]xcept as otherwise provided by this act.” Under the Act, immunity is the rule and liability is the exception. Posey ex rel. v. Bordentown Sewerage Auth., 171 N.J. 172 (2002). One exception […]
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