Tag: Appellate Division
Appellate Division Reverses and Remands No-Cause Verdict for Auto Negligence Claim Following Inadmissible Cross-Examination
By: Eric Richwine, Law ClerkEdited by: Betsy G. Ramos, Esq. The issue before the New Jersey Appellate Division in Rodriguez v. Cano, No. A-1561-21, 2023 N.J. Super. Unpub. LEXIS 1733 (App. Div. Oct. 12, 2023) was whether plaintiff Lenny Rodriguez (“Rodriguez”) was denied a fair trial following a no-cause verdict in a damages-only auto negligence […]
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. […]
How Much Time Do I Have to Appeal a New Jersey Civil Court Decision?
The time to appeal a New Jersey court decision involving a civil matter will depend upon whether it is an appeal from a trial court decision or an appeals’ court decision. It will also depend upon whether the appeal is from a final judgment. There is an automatic right of appeal from a final judgment […]
Appellate Division Reverses Order Denying Motion to Dismiss NJCRA Claims against New Jersey DEP Employees on the Basis of Qualified Immunity
By: Benjamin H. Zieman, Esq. Edited by: Betsy G. Ramos, Esq. In the recent precedential opinion of Radiation Data, Inc. v. N.J. Dep’t of Envtl. Prot., 2018 N.J. Super. LEXIS 149 (App. Div. Nov. 2, 2018), the Appellate Division highlighted the importance of resolving a public employee’s assertion of qualified immunity on a motion to […]
Commercial Property Landlord Not Responsible for Injury of Tenant’s Invitee
Plaintiff Ben Jimenez was employed as a truck driver by Atlantic Freight Systems, Inc. (“AFS”) when he slipped and fell in the company yard during the course of his employment. The Defendants Stephen Powell and Concetta Powell (“Powells”) owned the commercial property where the accident occurred and leased the entire premises to their corporate entity […]
Frivolous Fee Award Against Pro Se Plaintiffs Limited by New Jersey Appellate Division
Under New Jersey law, fees may be obtained against attorneys for the filing of a frivolous lawsuit based upon a court rule, Rule 1:4-8. Attorneys fees for the filing of a frivolous pleading may be obtained against a party based upon a statute, N.J.S.A. 2A:15-59.1. The published decision of Tagayun v. AmeriChoice of New Jersey, […]
Supermarket in Multi-tenant Shopping Center Found Not Liable to Shopper Who Falls on Ice in the Parking Lot
Plaintiff, Grazio Spano, went shopping in the Acme store in the shopping center located on the Black Horse Pike, Mays Landing, N.J. Acme was the anchor store in this multi-tenant shopping center. After finishing her shopping, the plaintiff went back to her car and slipped on black ice in the parking lot. In Spano v. […]
Provision in Employment Contract Limiting Employee’s Ability to Sue Third Party Found Unenforceable by NJ Court
Plaintiff Philip Vitale was injured while working as a security guard for Allied Barton Security Services, LLC (“Allied Barton”), which contracted with defendant Schering-Plough Corporation to provide security services to its facilities. Plaintiff had signed a disclaimer, waiving his right to sue any of Allied Barton’s customers to which he may be assigned. In the […]
Forum Selection Clause Requiring Litigation in Russia Upheld
Agreements often contain forum selection clauses whereby parties can agree on a forum where any disputes would be litigated. Absent certain exceptions, New Jersey courts will uphold a forum selection clause as valid and enforceable. In Ogorodnikov v. Dikker, 2016 N.J. Super. Unpub. LEXIS 1388 (App. Div. June 17, 2016), the Appellate Division upheld a […]
Expert Needed to Prove Liability for Slip and Fall
In Turkowski v. Management Resources Systems, Inc., 2014 N.J. Super. Unpub. LEXIS 705 (App.Div. 2014), the plaintiff sued Rack Room Shoes, Inc. for personal injuries resulting from a fall at Rack Room, a retail shoe store. The trial court found that the plaintiff was unable to establish the defendant’s negligence without a liability expert and […]
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