Tag: negligence
Appellate Division Finds that “Dirty” Substance on Floor Does Not Constitute Constructive Notice for Slip and Fall in Pharmacy
By: Eric Richwine, Law Clerk Edited by: Betsy G. Ramos, Esq. Plaintiff Michael Racine slipped and fell while walking inside defendant Rite Aid’s Irvington, New Jersey, store. He suffered a fractured left tibia, resulting in him filing a complaint against the defendant, in which he alleged negligent maintenance of and failure to conduct reasonable inspections […]
N.J. Supreme Court Holds Employer’s Vicarious Liability Under Borrowed-Employee Doctrine Is Question of Fact Reserved for Jury
By: Ruhani Aulakh, Law Clerk Editor: Betsy G. Ramos, Esq. Plaintiff Philip Pantano, an employee of Container Services of New Jersey (“CSNJ”), was moving a piece of heavy equipment at work. Lawrence Giamella was also working that day and used a forklift to help move the equipment. Giamella dropped the equipment on the plaintiff’s foot, […]
Mode of Operation Found to Apply to Accident Caused by Brown Substance on Floor of Bagel Store
Plaintiff, Samira Aly, was a customer at defendant A&H Bagels. While walking to throw out her trash, she fell and suffered a serious injury. Both deposition and video surveillance footage showed a brown substance on the floor near where she fell. The issue in Aly v. A&H Bagels & Deli, Inc., 2023 N.J. Super. Unpub. […]
Macy’s Found Not Liable for Slip and Fall Injury Due to Plaintiff’s Failure to Identify Dangerous Condition
Plaintiff Irina Galperin suffered an injury when she fell at Macy’s, located in the Garden State Plaza Shopping Center in Paramus, New Jersey, upon stepping from a tile walkway to a carpeted area. While she initially claimed that she fell due to liquid on the floor, she later claimed that she fell when her foot […]
Building Owner May be Liable to Plaintiff Injured Due to Falling Ceiling Tile
Plaintiff Stephanie Ugaro was injured at work when a ceiling tile fell on her while she was in the bathroom. She sued the defendants who owned, managed and maintained the building where she worked under the doctrine of res ipsa loquitur. The issue in Ugaro v. Livingston Circle Associates, L.P., 2023 N.J. Super. Unpub. LEXIS […]
Mall Owner Not Liable to Plaintiff Injured on Interior Department Store Staircase
Plaintiff Thomas Seltzer, an employee of Bloomingdale’s, was injured when he fell on a staircase used solely for Bloomingdale employees in the store. He sued the mall owner Riverside Square for negligence, claiming that it had some degree of control over the staircase which allegedly had irregular steps. The issue in Seltzer v. Riverside Square […]
Plaintiff’s Failure to Prove Property Owner Had Actual or Prior Notice of Ice on Steps Merited Dismissal of Lawsuit
Plaintiff Karimah Sharif slipped and fell, allegedly on ice, while walking down the exterior steps of the rear entrance of defendant’s commercial building. On the morning of the accident, plaintiff had visited her son who had an office in the building and did not notice any ice on the steps. The issue in Sharif v. […]
Commercial Landowner Found Not Entitled to Summary Judgment for Fall on Ice Based Upon Exception to Ongoing Storm Rule
Plaintiff Adel Hanna fell in the parking lot of the Woodland condominium complex on January 7, 2017, slipping on snow and ice in an unplowed parking lot. The issue in Hanna v. Woodland Community Association, 2022 N.J. Super. Unpub. LEXIS 2180 (App. Div. Nov. 17, 2022) was whether the defendant owner and property manager were […]
Owner of Vacant Lot Adjoining Public Sidewalk Held Not Liable for Injury Caused by Fall on Sidewalk
Plaintiff Alejandra Padilla slipped and fell on the sidewalk adjoining a vacant lot in Camden, which was owned by the defendants Myo Soon and Young Il an. She claimed to have suffered permanent injuries as a result of her fall. The issue in Padilla v. Young Il an, 2023 N.J. Super. Unpub. LEXIS 14 (App. […]
Municipality Found Not Liable for Injury Caused by Trip Over Raised Boardwalk Board
Plaintiff Ercilia Rojas, while walking on the boardwalk in Atlantic City, tripped and fell over a raised board. As a result of her fall, she suffered a rotator cuff tear in her shoulder. She sued Atlantic City, among other defendants, alleging negligence for a dangerous condition on public property. The issue in Rojas v. AC […]
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