Tag: expert
Residential Landowners Found Not Liable For Plaintiff’s Injuries Due To Trip And Fall On Raised Sidewalk In Driveway Area
In August, 2018, while walking on the sidewalk in front of defendants’ home, plaintiff Diane Conway tripped in the area of a raised concrete sidewalk slab. Plaintiff claimed that she tripped over a “filled in” concrete or cement between two uneven concrete slabs. The issue in Conway v. Serra, 2022 N.J. Super. Unpub. LEXIS 856(App. […]
Homeowners Found Not Responsible For Plaintiff’s Injury Caused By Raised Sidewalk Slab In Front Of Defendants’ Home
Plaintiff, Susan Mondie, tripped and fell on a raised sidewalk slab in front of the home owned by defendants, Christopher Linton and Tami Wolfelsperger. Plaintiff claimed that the homeowners should be liable for her injury caused by her fall because a predecessor in title planted a pear tree next to the sidewalk and its roots […]
Retail Store Found To Be Potentially Liable For Trip And Fall Caused By Gap Between Escalator Platform And Floor
Plaintiff Arcelie Williams was injured while shopping at the defendant J.C. Penney store. While on the second level of the store, she attempted to use the escalator to go down to the first level but her foot caught on a metal platform that was immediately in front of and connected to the escalator. She fell […]
Plaintiff’s Expert Report Barred Due to Failure to Distinguish Permanent Injury Suffered in Two Consecutive Car Accidents
Plaintiff Abigail Perdomo appealed the trial court’s decision barring the expert report of her treating physician, Dr. Wayne Petermann, a chiropractor, as a net opinion. Plaintiff had been in two different motor vehicle accidents in December, 2010 and, three years later, in November, 2013. The issue in Perdomo v. Orgacki, 2018 N.J. Super. Unpub. LEXIS […]
Questions Of Proper Speed And Control Of A Vehicle Found To Be Question Of Fact In Auto Accident Case, Precluding Order For Summary Judgment
The plaintiff Alma Miley was involved in an automobile accident with the defendant Andrew Friel. It occurred at an intersection in which plaintiff’s direction of travel was controlled by a stop sign but defendant’s direction of travel was not. The issue in Miley v. Friel, 2020 N.J. Super. Unpub. LEXIS 57 (App. Div. January 9, […]
When Defense Decides Not to Call its Medical Expert to Testify at Trial, Plaintiff Not Permitted to Tell Jury That Doctor Had Been Retained by Defense but Not Called to Testify
Plaintiff Peter Slomkowski had been involved in a rear end motor vehicle accident involving an underinsured motorist and sued New Jersey Manufacturers Insurance Co. (“NJM”) to recover benefits for his injuries. The key disputed issue at the trial of this matter was whether Plaintiff suffered a permanent injury as a result of the accident. In […]
Court Determines That Property Owner Can Be Held Liable For Fall on Slippery Floor Due To Prior Notice of Condition
Plaintiff Ella Jacob slipped on a hallway floor while working for her medical practice employer. The office had been leased to her employer by the defendant Marlboro Gastroenterology, PC. (“Marlboro”) The issue in Jacob v. Marlboro Gastroenterology, P.C., 2019 N.J. Super. Unpub. LEXIS 2164 (App. Div. Oct. 23, 2019) was whether Marlboro could be held responsible […]
Expert Testimony Not Needed to Establish Unlit Walkway Drop Off Was A Dangerous Condition
Plaintiff Holly Hughes was a Certified Nursing Assistant who was hired by the defendant decedent’s daughter to provide nursing care to decedent (Leonard Owen) in his home. On her first day of work, as she was leaving work, she tripped and fell at the end of the walkway, apparently due to a substantial drop off. […]
Orthopedist Found Not To Be Qualified To Testify As To Mechanism Of Personal Injury
Plaintiff Jason Rodriguez was injured in a rear end collision and sued the other driver, defendant Faith Sheppard. Liability was conceded and a jury trial was held as to damages only. The issue in Rodriguez v. Mueller, 2019 N.J. Super Unpub LEXIS 1783 (App. Div. August 15, 2019), was whether the plaintiff had suffered sufficient […]
Expert Testimony Not Needed to Substantiate Pecuniary Value of Loss of Child’s Advice, Guidance, and Companionship in Wrongful Death Action
This case arises from a tragic highway collision in which the defendant Stephen Rando’s SUV fatally struck the plaintiff’s son, Patrick Dutton, as he was riding his bicycle. The jury found that the defendant was 60% responsible for the accident while the plaintiff’s son Patrick was 40% responsible. The jury awarded the plaintiff, Patrick’s mother, […]
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