Supreme Court Rules That Third-Party Observer or Recording May be Permitted at DME, Upon Plaintiff’s Request, Unless Defendant Moves for a Protective Order
I had previously reported on the Appellate Division decision of DiFiore v. Pezic, 472 N.J. Super. 100 (App. Div. 2022) which concerned the circumstances upon which a DME (defense medical exam) may be recorded or a third-party observer permitted. This case went up on certification to the New Jersey Supreme Court, which affirmed certain portions […]
N.J. Supreme Court Holds Employer’s Vicarious Liability Under Borrowed-Employee Doctrine Is Question of Fact Reserved for Jury
By: Ruhani Aulakh, Law Clerk Editor: Betsy G. Ramos, Esq. Plaintiff Philip Pantano, an employee of Container Services of New Jersey (“CSNJ”), was moving a piece of heavy equipment at work. Lawrence Giamella was also working that day and used a forklift to help move the equipment. Giamella dropped the equipment on the plaintiff’s foot, […]
Homeowner Found Not Liable for Breach of Contract in Allegedly Concealing the Presence of Mold in Her Home
Plaintiffs, Robert Rogers and Joyce Rogers, entered into a real estate contract to purchase a home “as is” in an age-restricted community from defendants Nora and Christopher Conti. Ms. Conti had moved out of the property at least a year earlier due to health issues. The transaction was handled by her son as attorney-in-fact. The issue […]
Court Confirms Arbitration Award Despite Plaintiff’s Counsel’s Claim of Failure to Receive Notice that Award Was Posted on E-Courts
Defendant Richard Bahadurian contracted with plaintiff Deegan Roofing, Inc. to repair a section of roof on a commercial building defendant owned. After the work was performed and defendant failed to pay for the work, plaintiff filed a breach of contract lawsuit to recover the unpaid invoice, interest, cost and attorney’s fees. The lawsuit proceeded to […]
Township Found to Have No Liability for Injury Caused by Trip Over Pothole in Shoulder of Road
Plaintiff Patrice Powers-Feigel was walking on the shoulder of Nosenzo Pond Road in West Milford when she slipped on gravel and her foot got caught on the edge of a pothole or uneven pavement. She tripped and fell into the street, resulting in serious injuries. The issue in Powers-Feigel v. Township of West Milford, 2023 […]
Court Finds That Strict Liability Dog Bite Statute Applies While Plaintiff Visiting Dog Sitter at Defendants’ Home
Defendant homeowners’ dog, Ringo, a miniature bull terrier, bit plaintiff Joseph Bernstein while at their home. At the time, he was visiting their dog sitter, who was caring for their dog while they were on vacation for two weeks. The issue in Bernstein v. Nossel, 2023 N.J. Super. Unpub. LEXIS 681 (App. Div. May 5, […]
Mode of Operation Found to Apply to Accident Caused by Brown Substance on Floor of Bagel Store
Plaintiff, Samira Aly, was a customer at defendant A&H Bagels. While walking to throw out her trash, she fell and suffered a serious injury. Both deposition and video surveillance footage showed a brown substance on the floor near where she fell. The issue in Aly v. A&H Bagels & Deli, Inc., 2023 N.J. Super. Unpub. […]
Employee Exclusion Bars Coverage For Injured Pool Worker Employee
Plaintiffs were a Condominium Association and a Management Corporation responsible for a condominium property whose pool was maintained by Preferred Pool Management, Inc. (“PPM”). PPM employee James Visconti (“Visconti”) fell on Plaintiffs’ property while performing maintenance on the condominium’s pool in the course of his employment with PPM and allegedly suffered injuries. In a state […]
The (Often Obscured) Impact of “Litigation Funding”
While most industry professionals have heard of “litigation funding,” the impact of the same may often not be fully appreciated. This partially is attributable to the fact that many (primarily) Plaintiff’s counsel are often reluctant to even confirm that an individual claim does involve “Third Party Litigation Funding (or Financing),” (“TPLF”), or the related “Third […]
Macy’s Found Not Liable for Slip and Fall Injury Due to Plaintiff’s Failure to Identify Dangerous Condition
Plaintiff Irina Galperin suffered an injury when she fell at Macy’s, located in the Garden State Plaza Shopping Center in Paramus, New Jersey, upon stepping from a tile walkway to a carpeted area. While she initially claimed that she fell due to liquid on the floor, she later claimed that she fell when her foot […]
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