Tag: duty of care
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, […]
Employer Found Not Liable for an Auto Accident Caused by an Employee Who Stole Van From Employer
Plaintiff Richard Finaldi (“Finaldi”) was in an automobile accident with defendant Matthew Knight (“Knight”), one of defendant Cornucopia Logistics, LLC’s (“Cornucopia”) dispatchers. Knight had stolen a Cornucopia delivery van, fell asleep while operating the van, went through a red light and collided with plaintiff Finaldi. Plaintiff Finaldi suffered serious injuries as a result of the […]
Building Owner Found Not Liable for Injury to Tenant’s Contractor
Defendant Rock Pile Properties, LLC (“Rock Pile”) owned a building in Garwood, which it leased to Defendant Statewide Fence Contractors, LLC (“Statewide”), a residential, commercial, and industrial fence company. According to the lease, Statewide was required to make all repairs and maintain the property, including the roof. Plaintiff John Gudoski (“John”), had prior experience working […]
Casino Had No Duty to Protect Patron From Theft of Money Kept in Shopping Bag
Plaintiff, Sridhar Jayaraman, was a guest at Caesar’s Hotel and Casino in Atlantic City for a six-night stay. While sitting at the bar with his girlfriend, he had with him a black plastic shopping bag, allegedly containing $120,000 in cash. After he stepped away from the bar, an unknown male later identified as Frederick Exume […]
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 […]
Mall Owner Not Liable to Plaintiff Injured on Interior Department Store Staircase
Plaintiff Thomas Seltzer, an employee of Bloomingdale’s, was injured when he fell on a staircase used solely for Bloomingdale employees in the store. He sued the mall owner Riverside Square for negligence, claiming that it had some degree of control over the staircase which allegedly had irregular steps. The issue in Seltzer v. Riverside Square […]
Plaintiff’s Loading Dock Injury Claim Dismissed Due To Failure To Obtain Liability Expert Report
Plaintiff Paomar Konteh was picking up a shipment at defendant McCollister’s Technical Services Inc.’s warehouse in New Jersey when he suffered an injury attempting to roll the defendant’s computer cabinets from the loading dock onto the back of his truck. He sued the defendant McCollister for his injuries based upon several theories of liability. The […]
General Contractor Found Not Responsible for Injury to Subcontractor Employee
Defendant Louis Gargiulo Co., Inc. (“Gargiulo”) was hired as a general contractor to perform work at the Hudson County Schools of Technology. Defendant hired Adamo Brothers Construction (“Adamo”) to perform a portion of the work. Plaintiff, an Adamo employee, suffered an injury while operating a jackhammer on the job site. The issue in Sutuj v. […]
Plaintiff Unable to Pursue Injury Claim Incurred When Knocked Over By Defendants’ Dog in Dog Park
Plaintiff, Janet Freed, took her dog, a female golden doodle, into the Off-Leash Dog Area of Thompson Park, a Monmouth County Park. The dog owned by the defendants Linda and Frank Bastry, a male golden retriever, ran into plaintiff while chasing her dog and caused her injury. In Freed v. Bastry, 2020 N.J. Super. Unpub. LEXIS […]
Target Found Not Liable for Child’s Injury Which Occurred After Fall off Bollard in Front of Store
The minor plaintiff, five year old, Vince Costello, was shopping at a Target Store with his aunt, Liza Costello. After shopping, they were waiting outside the store for a ride home when Vince began playing on top of a red, spherical bollard in front of the store. After playing for some time, he fell off […]
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