Tag: causation
Plaintiff’s Lawsuit Dismissed Due to Failure to Prove Causal Relationship Between Inhalation of Fumes and Her Fall
Plaintiff Yireika De La Rosa went to defendant LA Gypsy restaurant with a friend. She drank half a beer and went to the restaurant’s restroom. As she approached the restroom, she noticed maintenance staff spraying a blue liquid, which smelled like ammonia, onto the floor. Plaintiff passed through the area, felt she could not breathe […]
Appellate Division Reverses Summary Judgment Order Granted Due to Plaintiff’s Medical Experts Failure to Apportion Her Injuries Among Two Accidents and Her Preexisting Condition
Plaintiff Hellen Bayer was in an automobile accident with defendant Michael Roman on November 22, 2017. The parties contested the severity of the accident, but plaintiff alleged to have suffered injuries to her neck and back. The issue in Bayer v. Roman, 2024 N.J. Super. Unpub. LEXIS 2605 (App. Div. Oct. 25, 2024) was whether […]
Plaintiff’s Bodily Injury Claim Dismissed Due to Failure to Show How a Subsequent Accident Aggravated Pre-existing Injuries From Prior Accident
Plaintiff Tony Polite was involved in two automobile accidents within thirty days. The first accident occurred on May 15, 2019, and the second one occurred on June 16, 2019. Plaintiff claimed to have injured his neck, back, left shoulder, and right knee in the first accident and alleged that those injuries became significantly worse following […]
Plaintiff’s Personal Injury Claim Dismissed Due to Lack of Expert Report As to Causation
The decedent Alice Trainor fell while attending the defendant’s adult day health care services. The 89-year-old Alice fell while walking towards the bathroom at the defendant’s facility, suffered injuries, and ultimately passed away. The issue in Estate of Alice Trainor v. Active Day of Brick, 2024 N.J. Super. Unpub. LEXIS 552 (App. Div. Apr. 3, […]
Plaintiff’s Personal Injury Lawsuit Dismissed Due to Her Failure to Identify the Condition That Caused Her Accident
Plaintiff Artherine Price was at the Quaker Bridge Mall on May 10, 2018, when she twisted her ankle in the parking lot of the Mall. She claims that she fell in the crosswalk while walking from her parked car to enter the store and sued the Mall defendants for her injuries. The issue in Price […]
Plaintiff’s Negligence Claim Against Retailer Store Dismissed For Failure to Prove Causation for Fall
Plaintiff Jeanne Ludwig was shopping at the Michaels store when she tripped and fell over the base of a railing while backing up inside a shopping cart corral inside the store. Plaintiff was looking for lights to display on her windowsill and tripped when her foot hit the base of the railing for the cart […]
Plaintiff Failed to Prove Defendant Negligently Operated Her Vehicle at Uncontrolled Intersection
Plaintiff Maria Troiani-Schwartz and Defendant Elizabeth Dicker collided at an uncontrolled intersection in Hopewell, New Jersey. The traffic light at the intersection was not functioning due to Hurricane Sandy. In Troiani-Schwartz v. Dicker, 2018 N.J. Super. Unpub. LEXIS 1520 (App. Div. June 26, 2018), the plaintiff contended that summary judgment was inappropriate because there was […]
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