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 […]
Post Office Found Not Liable for Fall Due to Drop Off From Cement Sidewalk
Plaintiff Richard Rauso slipped and fell while at the premises at the United States Post Office in South Bound Brook, New Jersey. He sued the defendants Post Office and Ofaniyim Holdings, LLC, which owned the property upon which the Post Office is located and leased it to the United States, for injuries suffered in the […]
Court Finds Township Not Liable for Injury Caused by Plaintiff’s Fall Off Bicycle Due to Hitting Pothole
Plaintiff Alyssa Molcho was riding her bicycle on Heath Avenue in Ocean Township when she swerved to avoid a car and claimed that her rear tire went into a pothole. That caused her to fall off her bike and onto the curb, resulting in injuries. The issue in Molcho v. Township of Ocean, 2023 N.J. […]
Court Finds That Mode of Operation Doctrine Properly Charged for Slip and Fall Accident
Plaintiff Lavant Jones slipped and fell inside the vestibule of defendant Rite Aid’s Willingboro store. She slipped on a plastic tablecloth and brochure that had blown off a display table setup by Rite Aid to promote a flu vaccine program. In Jones v. Rite Aid, 2023 N.J. Super. Unpub. LEXIS 1201 (App. Div. July 17, […]
Owner of Two-Family Home Found Not to Be Liable for Plaintiff’s Injury From Fall on Public Sidewalk in Front of Home
Plaintiff Shneequa Easterling had been walking on a public sidewalk abutting defendant’s home when she slipped and fell on ice, injuring her neck and back, as well as her right ankle. She filed a lawsuit against the defendant homeowner, George Johnson, who owned the two-family home abutting the public sidewalk. The issue in Easterling v. […]
Appellate Division Finds that “Dirty” Substance on Floor Does Not Constitute Constructive Notice for Slip and Fall in Pharmacy
By: Eric Richwine, Law Clerk Edited by: Betsy G. Ramos, Esq. Plaintiff Michael Racine slipped and fell while walking inside defendant Rite Aid’s Irvington, New Jersey, store. He suffered a fractured left tibia, resulting in him filing a complaint against the defendant, in which he alleged negligent maintenance of and failure to conduct reasonable inspections […]
Court Finds Plaintiffs Presented Extraordinary Circumstances Sufficient to Permit Filing of a Late Notice of Tort Claim
This matter arose from a tragic fire that occurred on April 8, 2021, at the three-story single-family residence owned by the defendant Newark Housing Authority and occupied by plaintiff Kadisha Jones Richardson and her five children. Plaintiff Tyron Hartfield, the biological father of four of the five children, was also present at the time of […]
Court Finds That Plaintiff Not Entitled to PIP Benefits For Injury While Operating an Electric Scooter
Plaintiff David Goyco was involved in an accident in which an automobile struck him while he was operating a low-speed electric scooter. He applied to his auto insurance company, Progressive Insurance Company, for personal injury protection (PIP) benefits to pay for his medical expenses. The issue in Goyco v. Progressive Insurance Company, 2023 N.J. Super. […]
Breaching the Verbal Threshold for an Automobile Accident Injury through Scarring or a Permanent Injury
The Verbal Threshold is a requirement set by the New Jersey Legislature for an individual to be compensated for bodily injuries suffered in an auto accident. The Verbal Threshold, or the Limitation on Lawsuit option, was created to reduce the cost of car insurance by limiting a person’s ability to seek compensation for noneconomic damages. […]
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