Tag: constructive notice
Appellate Division Upholds Trial Court’s Involuntary Dismissal of Plaintiff’s Personal Injury Claim Due to Her Failure to Prove Liability
The Pro Se plaintiff Tannia Winston tried her personal injury case on her own against 7-Eleven. She claimed that she was injured due to a slip and trip at defendant’s convenience store. The issue in Winston v. 7-Eleven, Inc., 2025 N.J. Super. Unpub. LEXIS 1705 (App. Div. Sept. 18, 2025) was whether the trial court […]
Appellate Division Rules That Injured Plaintiff May Pursue Pothole Claim Against Municipality
On January 29, 2021, Plaintiff Michael Shaw tripped and fell while crossing Kearny Avenue due to a large pothole in the middle of the street. He suffered significant injuries including a broken right hip, chronic lumbar strain, and aggravation of other pre-existing conditions. The issue in Shaw v. Town of Kearny, 2025 N.J. Super. Unpub. […]
Municipality Found to Have No Liability for Injury Caused by Trip on Uneven Boards on Boardwalk
Plaintiff Jessica Feeney tripped and fell while walking on the boardwalk in the City of Atlantic City. She sued the City claiming that she tripped on uneven boards and that the City was negligent in causing the dangerous condition and that it failed to timely repair the condition. The issue in Feeney v. City of […]
Court Dismisses Plaintiff’s Personal Injury Claim Caused by Fall in Pothole Located in Crosswalk
Plaintiff Nelly Reis a/k/a Nelly Gonclaves and her husband filed a lawsuit against the City of Newark for her personal injuries. She alleged that she tripped and fell in a pothole, a couple of feet outside of a crosswalk, while she was crossing an intersection in the City of Newark. The issue in Reis v. […]
Plaintiff’s Injury Claim Against Municipality Caused by Stepping Into Pothole Fails Due to Lack of Notice of Condition
Plaintiff Reginald Jones was injured when he was attempting to cross in the middle of Isabella Avenue in Irvington. While stepping off the curb, his foot became stuck in a hole in the street adjacent to the curb. It caused him to fall and suffer injuries. The issue in Jones v. Township of Irvington, 2024 […]
Court Finds Township Not Liable for Injury Caused by Plaintiff’s Fall Off Bicycle Due to Hitting Pothole
Plaintiff Alyssa Molcho was riding her bicycle on Heath Avenue in Ocean Township when she swerved to avoid a car and claimed that her rear tire went into a pothole. That caused her to fall off her bike and onto the curb, resulting in injuries. The issue in Molcho v. Township of Ocean, 2023 N.J. […]
Appellate Division Finds that “Dirty” Substance on Floor Does Not Constitute Constructive Notice for Slip and Fall in Pharmacy
By: Eric Richwine, Law Clerk Edited by: Betsy G. Ramos, Esq. Plaintiff Michael Racine slipped and fell while walking inside defendant Rite Aid’s Irvington, New Jersey, store. He suffered a fractured left tibia, resulting in him filing a complaint against the defendant, in which he alleged negligent maintenance of and failure to conduct reasonable inspections […]
Township Found to Have No Liability for Injury Caused by Trip Over Pothole in Shoulder of Road
Plaintiff Patrice Powers-Feigel was walking on the shoulder of Nosenzo Pond Road in West Milford when she slipped on gravel and her foot got caught on the edge of a pothole or uneven pavement. She tripped and fell into the street, resulting in serious injuries. The issue in Powers-Feigel v. Township of West Milford, 2023 […]
Macy’s Found Not Liable for Slip and Fall Injury Due to Plaintiff’s Failure to Identify Dangerous Condition
Plaintiff Irina Galperin suffered an injury when she fell at Macy’s, located in the Garden State Plaza Shopping Center in Paramus, New Jersey, upon stepping from a tile walkway to a carpeted area. While she initially claimed that she fell due to liquid on the floor, she later claimed that she fell when her foot […]
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 […]
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