Failure to Comply with Strict New Jersey Appellate Rules Result in Dismissal of Cross-Appeal
While on the state trial court level, our New Jersey trial court judges tend to be lenient in enforcing rules concerning motion practice and briefing (as well as many of the rules of civil procedure), the Appellate Division judges can be much more exacting in enforcing their rules concerning the submission of briefs. In the […]
Occasional Business Use of Residence Does Not Convert Property to a Commercial Use for Purposes of Applying Sidewalk Law
Plaintiff James Engle fell on a public sidewalk in front of a residence owned by Melissa and Michael Larkin and sued them for the injuries he suffered from his fall. The defendant Michael Larkin owned a business, Paradise Pavers Pond Landscaping, LLC, and plaintiff asserted that it was operated out of this residence. In Engle […]
Dog Owner Found Not Liable For Injury Caused By Her Dog Knocking Over Neighbor
The plaintiff Terri Hackett brought her rat terrier, Chancellor, to the property of the defendants William and Joan Musey to play with Molly, their sixty pound Labrador. While the dogs were running around the backyard, Molly suddenly knocked plaintiff down from behind, causing her injury. In Hackett v. Musey, 2017 N.J. Super. Unpub. LEXIS 721 […]
Court Dismisses Bodily Injury Claim from Fall Based upon Slippery Floor in Restaurant
Plaintiff Joseph Pasterkiewicz slipped and fell on the floor of a buffet restaurant operated by the defendant Marina Buffet, Inc. and owned by defendant King T. Group, LLC. The plaintiff claimed that he fell on the flooring around the buffet area. In Pasterkiewicz v. Marina Buffet, Inc., 2017 N.J. Super. Unpub. LEXIS 199 (App. Div. […]
Plaintiff’s Claim for Property Damage to Vehicle Limited to Vehicle’s Market Value
Plaintiff Aaron Adena was involved in a motor vehicle accident with defendant Joseph Cupoli in which he suffered no injuries but his vehicle sustained extensive damage. Plaintiff’s insurance carrier, MetLife Auto & Home (MetLife) declared plaintiff’s vehicle a total loss and paid him for its actual cash value plus the cost of a rental car. […]
Homeowner Found Not Liable to Guest Injured in Trip over Threshold
Plaintiffs Libia and Peter Price were guests of defendants Howard Colodne and Louise Colodne celebrating Easter. As Libia was leaving defendants’ home, the heel of her shoe caught on the metal weather-strip of the door threshold and she fell. In Price v. Colodne, 2017 N.J. Super. Unpub. LEXIS 741 (App. Div. Mar. 27, 2017), the […]
Hotel Found Not Liable for Assault by Third Party Against Guests
Plaintiffs Ikeem Higgins, Richard Hoyte, and Cordero Russell were attending “Caribbean Night” at the Holiday Inn in Edison on July 11, 2010. At about 3 AM, they were standing outside the hotel, when an unidentified masked gunman approached them and shot them in the legs. In Higgins v. Holiday Inn & Conf. Ctr., 2017 N.J. […]
Appellate Division Refuses to Enforce Liquidated Damages Clause as Unenforceable Penalty
Plaintiff Jennifer Corona entered into a contract with defendant Stryker Golf, LLC to hold her wedding reception at defendant’s catering hall. The contract price for the entire event was $12,012. Plaintiff paid a deposit of $2500 and then an additional $6,891 in 2 installments for a total of $9,391. Six months before the wedding, she […]
Court Dismisses Claim for Punitive Damages Alleged in Auto Accident Case
Sometimes plaintiffs throw in claims for punitive damages in what is obviously a simple negligence claim arising from an automobile accident. In the District Court case, Gillman v. Rakouskas, 2017 U.S. Dist. LEXIS 10835 (D.N.J. Jan. 26, 2017), the plaintiffs George and Florence Gillman sued defendants Michael and Elaine Rakouskas, alleging negligence and gross negligence […]
Plaintiff Can Be Compelled to Pay IME Missed Appointment Fee
Plaintiff Ann McInroy sued Village Supermarket, Inc. for injuries from a slip and fall in its supermarket. Defense counsel scheduled an exam with an IME doctor to examine the plaintiff for her claimed injuries. After 2 missed appointments, the IME doctor sent defense counsel a bill for $375, representing the missed appointment fee for these […]
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