Tag: negligence
Plaintiff’s Lawsuit Dismissed Due to Failure to Prove Causal Relationship Between Inhalation of Fumes and Her Fall
Plaintiff Yireika De La Rosa went to defendant LA Gypsy restaurant with a friend. She drank half a beer and went to the restaurant’s restroom. As she approached the restroom, she noticed maintenance staff spraying a blue liquid, which smelled like ammonia, onto the floor. Plaintiff passed through the area, felt she could not breathe […]
Landowner’s Liability Act Does Not Extend to Local Beaches or the Ocean
In Timpanaro v. Jenkinson’s Pavilion, Inc., 2025 N.J. Super. LEXIS 71 (App. Div. Nov. 21, 2025), the estate of Anthony Timpanaro sued Jenkinson’s Pavilion, a boardwalk amusement complex with access to Point Pleasant Beach, for negligence arising from Anthony’s drowning death. The case arose when, a few weeks after Labor Day, 2020, grandfather Anthony and […]
Homeowner Not Responsible for Plaintiff’s Injury Caused by Slip on Ice in Front of Home
Plaintiff Joseph Costigan was walking on the sidewalk in front of the home of the defendants Gurprit and Sneh Bains when he slipped and fell on a patch of ice and struck his head. He claimed that the drainage system on defendants’ property, that ran down the driveway and across the sidewalk, was faulty and […]
District Court Finds That Mode of Operation Rule Did Not Apply to a Fall From a Blueberry Sold in a Clamshell Container
Plaintiff Jessica Nunez was shopping at the Clifton Costco and claimed that she slipped and fell on at least one blueberry on the floor in the meat department. She sued Costco for her personal injuries. The issue in Nunez v. Costco Wholesale Corp., 2025 U.S. Dist. LEXIS 196212 (D.N.J. Oct. 3, 2025) was whether Costco […]
Appellate Division Upholds Trial Court’s Involuntary Dismissal of Plaintiff’s Personal Injury Claim Due to Her Failure to Prove Liability
The Pro Se plaintiff Tannia Winston tried her personal injury case on her own against 7-Eleven. She claimed that she was injured due to a slip and trip at defendant’s convenience store. The issue in Winston v. 7-Eleven, Inc., 2025 N.J. Super. Unpub. LEXIS 1705 (App. Div. Sept. 18, 2025) was whether the trial court […]
Summary Judgment Dismissal Affirmed Based Upon Storm In Progress Doctrine
Plaintiff Glenn Weidlich slipped and fell outside the front door of his condominium unit due to ice on the landing and fell down the stairs. He sued the defendants, 313-319 First Street Condo Association Inc. and Clinton Hill Condo Association, among other defendants, claiming that they were negligent due to the unsafe condition of the […]
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, […]
Court Denies Defendant Motorist Request for Mockler Jury Charge
Plaintiff Melissa Presbery was stopped at a red light when she was rear ended by defendant Jason Willitts. Willitts was unable to stop due to a wet roadway. The issue in Presbery v. Willitts, 2025 N.J. Super. Unpub. LEXIS 406 (App. Div. Mar. 17, 2025) was whether the trial court correctly denied the defendant’s request […]
Municipality Found to Have No Liability for Injury Caused by Trip on Uneven Boards on Boardwalk
Plaintiff Jessica Feeney tripped and fell while walking on the boardwalk in the City of Atlantic City. She sued the City claiming that she tripped on uneven boards and that the City was negligent in causing the dangerous condition and that it failed to timely repair the condition. The issue in Feeney v. City of […]
Res Ipsa Loquitur Doctrine Found Not to Apply to Plaintiff’s Injury Caused by Falling Showerhead Screen
Plaintiff Abdullah Alhababi was a guest at defendant Caesar’s Hotel when he was injured due to a showerhead screen that suddenly detached and fell on his head. It caused him to fall and lose consciousness. The issue in Alhababi v. Caesar’s N.J., Inc., 2025 N.J. Super. Unpub. LEXIS 395 (App. Div. Mar. 14, 2025) was […]
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