Municipality Found Not Liable for Injury Caused by Trip Over Raised Boardwalk Board
Plaintiff Ercilia Rojas, while walking on the boardwalk in Atlantic City, tripped and fell over a raised board. As a result of her fall, she suffered a rotator cuff tear in her shoulder. She sued Atlantic City, among other defendants, alleging negligence for a dangerous condition on public property. The issue in Rojas v. AC […]
Former Property Manager of Apartment Complex Found Not Liable to Plaintiff Who Was Shot by Estranged Husband While at Complex
Plaintiff Fritzy Rivera was leaving her friend’s apartment at the Cherry Hill Towers apartment complex when she was shot by her estranged husband. He had accessed the apartment complex through an open security gate. The issue in Rivera v. Cherry Hill Towers, LLC, 2022 N.J. Super. LEXIS 142 (App. Div. Dec. 12, 2022) was whether […]
Appellate Division Reverses Denial of Summary Judgment to Social Hosts for Plaintiffs’ Son Drowning in Their Pool
By: Erika Vasant, Law ClerkEditor: Betsy G. Ramos, Esq. In August 2017, intoxicated, twenty-six year old Raniel Hernandez attended a party, where he subsequently drowned after jumping into a pool. Earlier this week, the New Jersey Appellate Division, addressed the tort claims arising from the tragic accident. Plaintiffs Silvana Lansigan Delvalle and Ralph Hernandez, parents […]
Federal Judge Finds Mode of Operation Rule Does Not Apply to Accident Involving Motorized Cart in Store
Plaintiff Talia Pena claimed that, while shopping in a store, she was struck by an unidentified customer operating a motorized shopping cart. While bending over to smell body sprays on a lower shelf near the self-checkout lanes, an unidentified female customer drove a motorized cart into her. The woman did not see Plaintiff because her […]
Bid for Public Contract Deemed Compliant When Post Office Box Address of Owners of Bidder Given As Opposed to Home Address
In a published decision of the Appellate Division in Asphalt Paving Sys. v. Borough of Stone Harbor, 2022 N.J. Super. LEXIS 136 (App. Div. Nov. 14, 2022), the Court was asked to decide whether a bidder to a public contract, to be issued by Borough of Stone Harbor, submitted a statutorily compliant bid by listing […]
Federal Court Finds That Children of Deceased Father Have No Standing to Pursue Section 1983 Claim Against City for Death of Father While in Police Custody
The decedent, Phillip White, died en route to the hospital after an encounter with Vineland police officers. A federal lawsuit was filed against Vineland by Mr. White’s mother, as his Administratrix Ad Prosequendum, and two of his children. The issue in White v. City of Vineland, 2022 U.S. Dist. LEXIS 199436 (D.N.J. Nov. 2, 2022) […]
Plaintiff’s Loading Dock Injury Claim Dismissed Due To Failure To Obtain Liability Expert Report
Plaintiff Paomar Konteh was picking up a shipment at defendant McCollister’s Technical Services Inc.’s warehouse in New Jersey when he suffered an injury attempting to roll the defendant’s computer cabinets from the loading dock onto the back of his truck. He sued the defendant McCollister for his injuries based upon several theories of liability. The […]
Supreme Court Determines Standard of Care of Negligence Claim Asserted by Student Against Coach
Plaintiff Morgan Dennehy, a 17 year old high school senior, filed a lawsuit against her hockey team coach, defendant Dezarae Fillmyer, when struck by a stray soccer ball during practice. The issue in Dennehy v. East Windsor Regional Board of Education, 2022 N.J. LEXIS 978 (October 26, 2022) was whether the coach’s acts and omissions […]
Appellate Division Upholds Jury Verdict of Zero Damages After Defendants Stipulated to Liability
Plaintiff Christopher Casucci was rear ended by the defendants’ commercial vehicle driven by defendant Kevin Valan and owned by Marascio Brothers Electric. The collision was a minor impact but plaintiff claimed to have suffered neck pain, headaches and tingling in his hands as a result of the accident. The issue in Casucci v. Valan, 2022 […]
Third Circuit Finds That Statute of Limitations Period on Civil Rights Claim Arising From Wrongful Conviction Did Not Begin Until Conviction Was Vacated
The plaintiff Yasmine Coello was convicted of harassment in 2007. Over a decade later, she was successful in having her conviction vacated. Within two years later, she filed a civil rights action to recover for various abuses she alleged to have suffered during her criminal proceedings. The issue in Coello v. DiLeo, 43 F.4th 346 […]
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