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 […]
Building Owner May be Liable to Plaintiff Injured Due to Falling Ceiling Tile
Plaintiff Stephanie Ugaro was injured at work when a ceiling tile fell on her while she was in the bathroom. She sued the defendants who owned, managed and maintained the building where she worked under the doctrine of res ipsa loquitur. The issue in Ugaro v. Livingston Circle Associates, L.P., 2023 N.J. Super. Unpub. LEXIS […]
Mall Owner Not Liable to Plaintiff Injured on Interior Department Store Staircase
Plaintiff Thomas Seltzer, an employee of Bloomingdale’s, was injured when he fell on a staircase used solely for Bloomingdale employees in the store. He sued the mall owner Riverside Square for negligence, claiming that it had some degree of control over the staircase which allegedly had irregular steps. The issue in Seltzer v. Riverside Square […]
Settlement Reached at Mediation Deemed Unenforceable Due to Parties Failure to Sign Written Agreement
This matter arose from a dispute over the sale of two nail salons. Defendants PD Nail Corp., CD Nail Corp., Hee Jung Kim, and Sook Hee Kim made a $550,000 down payment and acquired possession of the nail salons, but the sales were not finalized due to the deterioration of the negotiations. Plaintiffs Gold Tree […]
Expunged Criminal Record of Employee May Be Used Against Employer In Negligent Hiring Claim
In a published Appellate Division decision, Y.H. & K.W.C. v. T.C., 2023 N.J. Super. LEXIS 27 (App. Div. Mar. 16, 2023), the Appellate Division was asked to decide whether the plaintiffs, Y.H. and K.W.C. (initials used to keep confidentiality) could utilize the expunged conviction of an Uber driver in a negligent hiring claim against Uber. […]
Plaintiff’s Failure to Prove Property Owner Had Actual or Prior Notice of Ice on Steps Merited Dismissal of Lawsuit
Plaintiff Karimah Sharif slipped and fell, allegedly on ice, while walking down the exterior steps of the rear entrance of defendant’s commercial building. On the morning of the accident, plaintiff had visited her son who had an office in the building and did not notice any ice on the steps. The issue in Sharif v. […]
Betsy G. Ramos
redbanknaacp
Stephen Gilbert
Tom Begley
Connect With Capehart Scatchard