Homeowner Found Not Liable for Fall on Sidewalk Due to Spiky Seed Pods
Plaintiff Katherine Neilson was walking on a sidewalk adjoining the residential property owned by the defendant Antoinette Dunn when she fell on a spiky seed pod, suffering injury. The seed pod came from sweetgum trees located on defendant’s property. In Neilson v. Dunn, 2016 N.J. Super. Unpub. LEXIS 2668 (App. Div. December 5, 2016), plaintiff […]
Allocation of Negligence as to Fictitious Defendant Permitted in Personal Injury Action
Plaintiff Mark Krzykalski sued defendants David Tindall and a John Doe, alleging negligence in the operation of their vehicles that caused an accident in which he was injured. At trial, the judge allowed the jury to allocate negligence between defendant Tindall and the fictitiously named John Doe. In the published decision of Krzykalski v. Tindall, […]
Mere Sponsorship of an Event Held to be Insufficient to Impose Liability for Personal Injury
Plaintiff Rosa Sands was injured when she fell down an approximate 2 foot embankment after leaving a dinner party on a beach in Mexico. The dinner party was part of a promotional event known as “Raise the Bar” offered by certain defendants, including Reebok International and Adidas American, Inc. (the “Reebok defendants.”) In Sands v. […]
When is a Condition an “Open and Obvious Defect”?
A business owner owes to its invitees a duty of reasonable care to provide a safe premises. This duty includes an affirmative duty to inspect the premises and requires the business owner to discover and eliminate dangerous conditions and to maintain the premises in a safe condition. But, what if the condition is an “open […]
Plaintiff Permitted to “Board” Full Amount of Medical Expenses Not Covered by PIP
Plaintiff Angel Viruet, Jr. was injured in an automobile accident and sued Defendant Fernando Maoine for his injuries. Plaintiff was insured by GEICO Insurance Company for his automobile insurance and had selected a limited PIP medical coverage benefits of $15,000. In Viruet v. Maoine, 2016 N.J. Super. Unpub. LEXIS 2426 (Law Div. Nov. 4, 2016), […]
Plaintiff’s Flooring Expert Report Barred as Net Opinion
Plaintiff Elaine Anderocci was shopping in a retail store known as Reed Krakoff, in the Short Hills Mall, when she reached for a handbag and slipped and fell, fracturing her shoulder. Plaintiff claimed that the floor was very slippery, “like a sheet of glass.” In Anderocci v. Coach, Inc., 2016 N.J. Super. Unpub. LEXIS 2343 […]
Supreme Court Defines Criteria for Granting Remittitur of Jury Verdict
A motion for remittitur is used by a defendant to attempt to obtain a reduction of an excessive jury verdict. A court has the power to reduce an excessive award through a grant of remittitur. In the recent case of Cuevas v. Wentworth Group, 226 N.J. 480 (2016), the New Jersey Supreme Court held that […]
Court Rules that Settling Co-Defendant Charge Not Appropriate When Defendant Settles Before Trial
In the recent published Law Division decision, Hernandez v. Chekenian, 2016 N.J. Super. LEXIS 133 (Law Div. July 15, 2016), the trial court ruled that when a defendant settles with the plaintiff before the commencement of trial, the remaining defendants are not entitled to the “Settling Defendant charge.” In Hernandez, the judge considered whether it […]
The Special Employer Rule May Bar Civil Lawsuits by Temporary Employees for Injuries Sustained on the Temporary Jobs
While it is well settled that the Workers’ Compensation Act bars employees from recovering in a civil suit against their employers for injuries sustained on the job, it is not as well known that a second employer, a “special employer,” may also find protection against suits from their “special employees” through the application of the […]
Constructive Notice May be an Issue in a Premises Liability Personal Injury Suit
A business owner owes an invitee a duty to discover and eliminate dangerous conditions and to maintain their premises in a safe condition. For an injured plaintiff to prove a breach of that duty, if the owner did not create the condition, the plaintiff must prove that the defendant had actual or constructive knowledge of […]
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