Tag: personal injury
Governor Murphy Signs Two Bills into Law Overturning Haines v. Taft, Permitting Injured Automobile Accident Plaintiffs to Recover Unreimbursed Medical Expenses
On August 15, 2019, New Jersey Governor Murphy signed two bills into law, which overruled the New Jersey Supreme Court opinion in the case of Haines v. Taft. In the Haines case, the Court had held that plaintiffs could not seek to recover unreimbursed medical expenses as part of their damages incurred in an automobile […]
Loss of Control Over Motor Vehicle Due to Slippery Substance on Roadway Does Not Definitively Establish Negligence
Plaintiff Fr. Babu T. Paramel (“Paramel”) was in a motor vehicle accident with defendant Merca Martinez (“Merca”) on Rt. 7 in Jersey City. Prior to the accident, Paramel had been driving eastbound on Rt. 7 and Merca was travelling westbound. As plaintiff was driving over a bridge, Merca lost control of her car due to […]
Personal Injury Suit Remanded Back to State Court Due to Failure to Meet Monetary Threshold for Federal Diversity Jurisdiction
Plaintiff Maria Nalbone, age 87 years old, fell in her room in the Mirage Casino in Las Vegas. She injured one of her ribs due to the fall. In Nalbone v. The Mirage Casino-Hotel, 2017 U.S. Dist. LEXIS 117463 (D.N.J. July 25, 2017), plaintiff argued that the matter did not meet the threshold value of […]
Plaintiff’s Liability Release Bars Her Personal Injury Claim Against Health Club
By: Jack Hagerty, Law Clerk Editor: Betsy G. Ramos, Esq. Less than three months after joining Eclipse Sports and Wellness, gym member Maria Pulice was injured at the club when a ten-pound dumbbell fell on her face as her trainer, Oscar Cortes, whom she hired through the club, was handing it to her to perform […]
Allocation of Negligence as to Fictitious Defendant Permitted in Personal Injury Action
Plaintiff Mark Krzykalski sued defendants David Tindall and a John Doe, alleging negligence in the operation of their vehicles that caused an accident in which he was injured. At trial, the judge allowed the jury to allocate negligence between defendant Tindall and the fictitiously named John Doe. In the published decision of Krzykalski v. Tindall, […]
Constructive Notice May be an Issue in a Premises Liability Personal Injury Suit
A business owner owes an invitee a duty to discover and eliminate dangerous conditions and to maintain their premises in a safe condition. For an injured plaintiff to prove a breach of that duty, if the owner did not create the condition, the plaintiff must prove that the defendant had actual or constructive knowledge of […]
Betsy G. Ramos
Keith Toll
Connect With Capehart Scatchard