Tag: dismissal
Appellate Division Refuses to Allow Plaintiff to Use the “John Doe” Rule to Avoid a Statute of Limitations Dismissal
New Jersey’s two-year statute of limitations is very strict, requiring a plaintiff to file their personal injury suit within two years of the date of the accident or injury or suffer a permanent bar to sue anyone for their injuries. New Jersey’s fictitious party rule (“John Doe” Rule), U. 4:26-4, provides a safe haven to […]
Plaintiff Fails to Meet the Requirements of Fictitious Pleading Rule to Be Able to Add New Parties in Amended Complaint
Plaintiff Jorge Jimenez-Peguero was working for defendant Royal Packaging, LLC at its Totowa warehouse when he was severely and permanently injured by a large industrial machine. Plaintiff claimed that the machine malfunctioned and struck him in the back and then dropped a 100 pound bag of “flower” onto him. Approximately six months after the accident, […]
Appellate Division Reverses Trial Court Decision Denying Motion to Reinstate Complaint Dismissed Due to Lack of Prosecution
The decision of Dae Sun Yoon v. Fletcher & West Associates, LLC., 2025 N.J. Super. Unpub. LEXIS 200 (App. Div. Feb. 7, 2025) exemplifies the difficulty in obtaining a dismissal with prejudice due to a plaintiff’s lack of prosecution of a lawsuit. In the Yoon case, plaintiff filed a personal injury lawsuit against defendants, Fletcher […]
Appellate Division Upholds Dismissal of Complaint With Prejudice Due to Plaintiff’s Failure to Provide Complete Discovery
This appeal concerned the trial court’s dismissal of the plaintiff’s complaint with prejudice for failure to provide discovery. The matter involved a complaint against the plaintiff’s commercial condominium association’s board members and property manager for consumer fraud, common law fraud, unjust enrichment, and negligent misrepresentation. After filing an answer, the defendants served plaintiff with a […]
Appellate Division Reverses Summary Judgment Granted to Defendant as to Property Damage Claim
Plaintiff Zulfigar Ahmed suffered a property damage loss at his owner-occupied two-story residential apartment house in Paterson due to a high wind rainstorm. At that time, a tree limb and branches fell onto plaintiff’s home, damaging its roof, vinyl siding, concrete masonry wall, a window and other property. The issue in Ahmed v. American Security […]
Appellate Division Reverses Trial Court’s Dismissal of Lawsuit
This lawsuit involved a letter of protection dispute arising from $183,107.30 of medical bills allegedly owed for services rendered by plaintiff North Jersey Hip & Knee Center to defendant Janet Quevedo after an automobile accident. Plaintiff had treated Quevedo for her injuries from the accident based upon a letter of protection from Amy Peterson, Esq., […]
The Consequences of Coaching Your Witness During Trial
The case of Hernandez v. La Fortaleza, Inc., 2024 N.J. Super. Unpub. LEXIS 22 (App. Div. Jan. 5, 2024) is a lesson as to why counsel should not coach their witness during trial. This case involved a slip and fall accident in which the plaintiff Hernandez claimed that she fell on an uneven raised defect […]
Plaintiff’s Personal Injury Claim Found Barred by Statute of Limitations
Plaintiff, the Estate of Irene Avagnano appealed the trial court’s order granting summary judgment, dismissing the personal injury action filed against defendants, Atrium Post Acute Care at Wayneview (“Atrium”) and Pulse Medical Transportation (“Pulse”). Plaintiff had alleged claims of negligence, gross negligence and violation of the New Jersey Nursing Home Responsibilities and Rights of Residents […]
Plaintiff’s Personal Injury Claim Barred by the Statute of Limitations Due to Late Filing of Complaint
Plaintiff Simon King claimed to have suffered personal injuries from a motor vehicle accident that happened on August 12, 2019. He filed a complaint against the driver of the other vehicle, Renay Tripp, and Stonewood Tavern as a result of his alleged injuries. The issue in King v. Tripp, 2023 N.J. Super. Unpub. LEXIS 1072 […]
Failure To Serve Defendant And Seek Reinstatement Of Complaint for Seven Years Justifies Order Denying Reinstatement Of Complaint
Plaintiff Mildred Valentin sued defendant Sabrina Pinckney for an automobile accident that occurred in October 2011. However, she failed to successfully serve the defendant with the complaint until seven years later and, in the interim, the complaint had been dismissed for lack of prosecution. The issue in Valentin v. Pinckney, 2021 N.J. Super. Unpub. LEXIS […]
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