Tag: automobile accident
Court Permits Plaintiff To File Late Notice Of Tort Claim
This case involved a tragic accident in which four members of a family were involved in a one-vehicle accident at a toll plaza on the Atlantic City Expressway. Due to this accident, three of the family members were killed and the fourth member, a 12 year old girl, was severely injured. To be able to […]
Day in the Life Video Excluded at Trial
Plaintiff Tameko Sawyer was in a motor vehicle accident with defendant Randy Lucas in which she claimed to have suffered an injury to her neck, lower back, and shoulder. Defendant Lucas had been driving a tractor-trailer owned by defendant Hicks Paving, LLC and Hicks Septic & Portable Toilets, LLC on Route 78, when he moved […]
Warrant to Satisfy Judgment Bars Claim to Challenge Ruling Denying Claim for Future Medical Expenses
Plaintiff Linda Brehme appealed a trial court in limine ruling barring her claim for future medical expenses. She had sued defendants Thomas Irwin and New Jersey Manufacturers Insurance Company for personal injuries resulting from an automobile accident. The issue in Brehme v. Irwin, 2023 N.J. Super. Unpub. LEXIS 2401 (App. Div. Dec. 27, 2023) was […]
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 […]
Breaching the Verbal Threshold for an Automobile Accident Injury through Scarring or a Permanent Injury
The Verbal Threshold is a requirement set by the New Jersey Legislature for an individual to be compensated for bodily injuries suffered in an auto accident. The Verbal Threshold, or the Limitation on Lawsuit option, was created to reduce the cost of car insurance by limiting a person’s ability to seek compensation for noneconomic damages. […]
DWI Conviction Needed to Bar Personal Injury Claim Resulting From an Auto Accident
In Castano v. Augustine, 2023 N.J. Super. LEXIS 22 (App. Div. Mar. 6, 2023), the Appellate Division was asked to consider whether, in the absence of a conviction or guilty plea to a DWI statute, New Jersey law barred the claim of a plaintiff who was seriously injured in an auto accident after admittedly drinking […]
Subjective Complaints of Pain and Suffering from Automobile Accident Insufficient To Meet Permanent Injury Requirement of Verbal Threshold
Plaintiff Glenn Hughes allegedly suffered injuries as a result of an October 17, 2017 automobile accident with defendant Jason Worthington. On that date, defendant Worthington rear ended the plaintiff. At trial, the defendant stipulated as to liability with the only issue to be decided at trial was whether plaintiff’s injuries were permanent and causally related […]
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 […]
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. […]
Plaintiff’s Expert Report Barred Due to Failure to Distinguish Permanent Injury Suffered in Two Consecutive Car Accidents
Plaintiff Abigail Perdomo appealed the trial court’s decision barring the expert report of her treating physician, Dr. Wayne Petermann, a chiropractor, as a net opinion. Plaintiff had been in two different motor vehicle accidents in December, 2010 and, three years later, in November, 2013. The issue in Perdomo v. Orgacki, 2018 N.J. Super. Unpub. LEXIS […]
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