Tag: expert
Plaintiff’s Negligence Claim Against Casino Security Guard Dismissed Due to Failure to Retain Expert
Plaintiff John Coxe sued Harrah’s, claiming that he suffered injuries as a result of being improperly detained by Harrah’s security team. He and his girlfriend, Valerie Kloepping, were in the pool area at Harrah’s when his credentials could not be located. Although they were later located, Plaintiff became belligerent. Eventually, security had to physically restrain […]
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, […]
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 […]
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 […]
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 […]
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