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Tag: dismissal

Failure To Serve Defendant And Seek Reinstatement Of Complaint for Seven Years Justifies Order Denying Reinstatement Of Complaint

By on December 17, 2021 in Litigation with 0 Comments

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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New Jersey Appellate Division Upholds Dismissal Of Civil Complaint, Dismissed Four Years Earlier Due To Lack Of Prosecution

By on May 28, 2021 in Court Rulings with 0 Comments

Plaintiff Maria Santiago was involved in a car crash in Paterson, New Jersey on June 27, 2013 with a car driven by Defendant Castillo-Almonte and owned by Defendant Cepeda.  She timely filed a personal injury lawsuit, suing both the driver and the owner of the vehicle involved in the collision, and was able to serve […]

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Plaintiff’s Bodily Injury Claim Due to Fall from Water on Floor Dismissed

By on August 4, 2017 in Court Rulings with 0 Comments

Plaintiff Cameron Smith was shopping at defendant Walmart’s store at 9:45 pm when she slipped and fell on water inside the store. She landed on her right hip, sustaining injuries. In Smith v. Walmart Stores, Inc., 2017 N.J. Super. Unpub. LEXIS 1964 (App. Div. July 31, 2017), she claimed the defendant store failed to exercise […]

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Homeowner Found Not Liable for Fall on Sidewalk Due to Spiky Seed Pods

By on December 22, 2016 in Liability with 0 Comments

Plaintiff Katherine Neilson was walking on a sidewalk adjoining the residential property owned by the defendant Antoinette Dunn when she fell on a spiky seed pod, suffering injury. The seed pod came from sweetgum trees located on defendant’s property. In Neilson v. Dunn, 2016 N.J. Super. Unpub. LEXIS 2668 (App. Div. December 5, 2016), plaintiff […]

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