Insufficient Basis Found to File Late Tort Claim Notice in COVID-Related Death
Plaintiff’s deceased husband Bernard Waddell contracted COVID-19 in March 2020 while he was working as a Corrections Officer at the Hudson County Correctional Center. He died from viral pneumonia secondary to COVID-19 on April 1, 2020. Plaintiff, Sheliah Waddell, Bernard’s wife filed a Notice of Tort Claim in November 2020 and thereafter filed a motion […]
Masking and Social Distancing Requirements to be Concluded in New Jersey Civil Courts
The New Jersey Supreme Court has issued a new order, concluding its order that required all participants in jury proceedings to maintain three feet of social distancing, as well as wear a mask. This order will be effective on September 1, 2022. Jurors will continue to begin their jury service virtually and, at that time, […]
New Jersey Enacts New Automobile Insurance Law Raising Minimum Amounts of Liability Insurance Required
Just signed into law on August 5, 2022, by Governor Murphy, is a new law raising the minimum policy amounts of automobile insurance that must be provided for automobiles registered or principally garaged in the State of New Jersey. Previously, the minimum automobile insurance policy limit for a policy of insurance (except for a basic […]
Plaintiffs Relying on the Doctrine of Res Ipsa Loquitur Must Establish That Their Own Conduct Was Not the Cause of Their Injuries
By: Patrick J. Graham, Esq. Editor: Betsy G. Ramos, Esq. Plaintiff, Gladys Bednarko, sued Defendant, Ben’s Bagel Barn after she was hit on the back of her right foot by Defendant’s front door that she alleged closed “too fast” behind her. Specifically, Plaintiff alleged that upon leaving Defendant’s store front, she pushed open the front […]
No Requirement to Provide Comparative Analysis of Injuries Suffered in Two Different Accidents When Plaintiff Did Not Plead Aggravation of Injuries
Plaintiff Jeffrey Wichot sued Defendant for emotional injuries suffered from a car kidnapping that occurred in 2012. Plaintiff had previously suffered a horrific injury as a young boy in 2002 which resulted in a traumatic brain injury. One of the issues in Wichot v. Allstate N.J. Prop. & Cas. Ins. Co., 2021 N.J. Super. Unpub. […]
Court Refuses to Apply Mode of Operation Doctrine to Landlord/Tenant Slip and Fall Case
Plaintiff Atef Kamel slipped and fell down steps in his apartment building’s stairwell while he was taking out his recycling. He claimed that his slip and fall was caused by a combination of an unknown, oily liquid on the floor and a broken light in the stairwell. The issue in Kamel v. Panyork Group, 2022 […]
Minority Statute of Limitations Tolling Held to Be Inapplicable to Suits Brought on Behalf of Minor Decedents or Their Estates
By: Angela Reading, Law Clerk Editor: Betsy G. Ramos, Esq. On July 14, 2022, the New Jersey Appellate Division in Monk v. Kennedy Univ. Hosp., Inc., 2022 N.J. Super. LEXIS 101 (App. Div. July 14, 2022), issued a published decision, holding that the minority tolling provision in N.J.S.A. 2A:14-2(a), which allows minors to file medical […]
Appellate Division Rules That Plaintiff’s Medical Bills Incurred Due to Personal Injury Were Admissible at Trial Against Public Entity
Plaintiff Katesha Salmond appealed from a summary judgment order granted to a public entity bus company and its driver, dismissing her personal injury complaint. She was injured on a public bus and incurred substantial medical expenses for her injuries. One issue in the Salmond case, 2022 N.J. Super. Unpub. LEXIS 1282 (App. Div. July 14, […]
New Jersey Supreme Court Refuses to Extend the Rescue Doctrine to Include Rescue of Animal
By: Erika Vasant, Law ClerkEditor: Betsy G. Ramos, Esq. In July of 2017, plaintiff Ann Samolyk injured herself when she jumped in a canal in an effort to save her neighbor defendant’s dog from drowning. In doing so, she alleged that she sustained neurological and cognitive injuries when rescuing the dog. The issue in the […]
New Jersey Appellate Division Rules that Injured Plaintiff May Sue His Insurance Carrier for Bad Faith Damages Due to Delay in Approving Medical Test and Surgery
Plaintiff Miguel Vera injured his right shoulder in a September 10, 2016 automobile accident. Thereafter, he submitted a personal injury protection (“PIP”) claim to his automobile insurance company, State Farm Indemnity Company (“State Farm”), to pay for his medical expenses incurred by his injuries suffered from his accident. In Vera v. State Farm Indem. Co., […]
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