Tag: notice
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 […]
Concert Venue Found Not Liable for Slip and Fall Injury From Liquid on Concourse
Plaintiff Gabriela Mirtha Tiscornia Sosa was injured when she slipped and fell on a wet floor at a concert at the Prudential Center. This venue was owned by defendant DAE, which contracted with defendant ABM to provide janitorial services. The issue in Sosa v. Devils Arena Entertainment, LLC, 2025 N.J. Super. Unpub. LEXIS 787 (App. […]
Plaintiff’s Personal Injury Claim Against NJ Transit Barred Due to Her Failure to Timely File a Notice of Tort Claim
On August 16, 2022, plaintiff Kathryn Hutchins claims to have suffered an injury while a passenger on a NJ Transit bus when it collided with a moped. The Jersey City Police Department investigated the accident and prepared a report containing information regarding the accident and plaintiff’s injuries. However, plaintiff failed to file with NJ Transit […]
Appellate Division Rules That Department of Transportation and State of New Jersey Were Not Liable for Injury Caused by Pothole
By: Uyen Nguyen, Law ClerkEdited By: Betsy G. Ramos, Esq. Plaintiff Josef and Stefani Langel filed a complaint against Defendants New Jersey Department of Transportation (DOT), State of New Jersey, county, municipal, and private entities, alleging that Defendants’ failure to provide proper warning and repair a pothole in the roadway caused his injuries when he […]
Court Permits Plaintiff To File Late Notice Of Tort Claim
This case involved a tragic accident in which four members of a family were involved in a one-vehicle accident at a toll plaza on the Atlantic City Expressway. Due to this accident, three of the family members were killed and the fourth member, a 12 year old girl, was severely injured. To be able to […]
No Liability Found for Jersey City for Injury Caused by Trip and Fall on Uneven Pavement
Plaintiff Linda Emmanoulidis was walking her dog in Enos Park in Jersey City when she tripped and fell on an uneven pavement and sustained injuries. The issue in Emmanoulidis v. City of Jersey City, 2023 N.J. Super. Unpub. LEXIS 477 (App. Div. Mar. 30, 2023) was whether the City could be liable for a pedestrian […]
Hotel Found Not to Be Liable for an Injury Caused by Trip Over Corner of Bed Frame
Plaintiff Cheryl King was a guest at the defendant Harrah’s Atlantic City Hotel. While walking through her hotel room, she hit her leg on the corner of the bed frame which caused her to trip and hit her head on the wall. The issue in King v. Harrah’s Atlantic City Operating Co., LLC, 2023 U.S. […]
Building Owner Found Not Liable for Injury to Tenant’s Contractor
Defendant Rock Pile Properties, LLC (“Rock Pile”) owned a building in Garwood, which it leased to Defendant Statewide Fence Contractors, LLC (“Statewide”), a residential, commercial, and industrial fence company. According to the lease, Statewide was required to make all repairs and maintain the property, including the roof. Plaintiff John Gudoski (“John”), had prior experience working […]
Superior Court Upholds Tort Claims Act Protections for Failure to Warn of a Dangerous Condition
The New Jersey Tort Claims Act provides that “a public entity is not liable for an injury” caused by an act or omission “[e]xcept as otherwise provided by this act.” Under the Act, immunity is the rule and liability is the exception. Posey ex rel. v. Bordentown Sewerage Auth., 171 N.J. 172 (2002). One exception […]
Court Finds Plaintiffs Presented Extraordinary Circumstances Sufficient to Permit Filing of a Late Notice of Tort Claim
This matter arose from a tragic fire that occurred on April 8, 2021, at the three-story single-family residence owned by the defendant Newark Housing Authority and occupied by plaintiff Kadisha Jones Richardson and her five children. Plaintiff Tyron Hartfield, the biological father of four of the five children, was also present at the time of […]
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