Tag: mode of operation doctrine

Under New Jersey Court rules, when a plaintiff has made a claim for personal injuries, the adverse party may require that the plaintiff submit to a physical or mental examination pursuant to R. 4:19.  The issue sometimes arises as to whether the defense medical examination may be recorded or attended by a representative of the […]

Plaintiff Raymond Johns, a firefighter for the City of Linden, suffered injuries when he sat on a firecracker that was placed on a toilet seat as a prank by a fellow firefighter, Thomas Wengerter. In Johns v. Wengerter, 2019 N.J. Super. Unpub. LEXIS 730 (App. Div. April 1, 2019), the issue was whether Wengerter’s act […]

There has been a longstanding dispute as to the amount of the attorney’s fee permitted in calculating the lien reimbursement due to the workers’ compensation insurance carrier in high third party settlements (i.e., those that exceed $500,000). This dispute was recently resolved in the reported Appellate Division decision of Liberty Mutual Insurance o/b/o Sabert Corporation […]

In Haines v. Taft, 2019 N.J. LEXIS 441 (March 26, 2019), in a split decision, the New Jersey Supreme Court reversed the Appellate Division and found that plaintiffs, who elected a $15,000 PIP coverage, were barred from seeking to recover the amount of their outstanding medical expenses, incurred as a result of an automobile accident, […]

Plaintiff Abigail Perdomo claimed to have suffered a lumbar injury causing two disc bulges at L4-5 and L5-S1 in a December 2010 automobile accident. Thereafter, in November 2013, plaintiff was again in an automobile accident and testing showed that she had the same two bulging discs. In Perdomo v. Orgacki, 2018 N.J. Super. Unpub. LEXIS […]