Tag: evidence
Defendant in Civil Case May Be Questioned at Deposition As to Statements Made During Criminal Guilty Plea
Defendant Alex Brown-Eskengren, with two accomplices, attacked minor plaintiff R.J. after a party. Defendant was charged criminally for this attack and eventually pled guilty to third-degree aggravated assault on the condition that he would be admitted to pre-trial intervention (PTI). As part of the plea, he gave a factual allocution regarding the attack, testifying that […]
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. […]
Court Dismisses Plaintiff’s Personal Injury Lawsuit Due to Inability to Identify Why Floor Was Slippery
Plaintiff Ann Brilliant slipped and fell inside an Outback Steakhouse but did not know how or why she slipped. She was unable to identify any specific hazardous condition of the floor or deviation from accepted safety standards. The issue in Brilliant v. Outback Steakhouse of Florida, LLC, 2025 U.S. Dist. LEXIS 87014 (D.N.J. May 7, […]
Photographs Showing Mopping of Floor and Caution Sign Placed Post-Accident Barred at Trial As Subsequent Remedial Measure
Plaintiff Pauline Jelken fell in a puddle of water in the lobby of the defendant’s Public Storage facility. After she fell, an employee mopped the puddle and placed a caution sign on the floor. Plaintiff sued Public Storage for her injuries suffered from the fall. The issue in Luciano v. Public Storage, 2025 N.J. Super. […]
New Jersey Supreme Court Determined That Juries Can View Video in Slow Motion
This matter concerns a challenge to the trial court’s decision to permit the jury to replay surveillance video evidence in slow motion and with intermittent pauses during deliberations in a criminal trial. Although this case involved a criminal matter, the holding may also be utilized in a civil case. In the case of State v. […]
Defense Counsel Permitted To Cross-Examine Plaintiff Concerning Statements Made In Pre-Accident Medical Records
Plaintiff Monica Graham was awarded $325,000 in damages in a lawsuit she filed against defendant Carole Venetianer for injuries she suffered in a car accident with defendant. Plaintiff filed an appeal of this jury verdict, arguing that defense counsel should not have been permitted to cross-examine her using medical records not admitted into evidence. The […]
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 […]
What is “Discovery” in a Civil Lawsuit?
Lawyers understand the term “discovery” in the context of a civil lawsuit but laypeople involved in a lawsuit likely do not understand what it means to “conduct discovery.” In general terms, it means exactly as it is defined in plain English, i.e. to find out something. In the context of a lawsuit, discovery is used […]
Appellate Division Reverses Dismissal of Plaintiff’s Complaint and Remands Matter for Evidentiary Hearing on the Issue of Charitable Immunity
Plaintiff Laurence Rothschild claims that he suffered injuries after a slip and fall in a puddle of water at a coin show that was held on a premises owned by the Police Athletic League of Parsippany-Troy Hills (“PAL”). Plaintiff brought a negligence lawsuit against the Township of Parsippany-Troy Hills, PAL and Garden State Coin Stamps […]
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 […]
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