Tag: personal injury
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 […]
Appellate Division Refuses to Allow Plaintiff to Use the “John Doe” Rule to Avoid a Statute of Limitations Dismissal
New Jersey’s two-year statute of limitations is very strict, requiring a plaintiff to file their personal injury suit within two years of the date of the accident or injury or suffer a permanent bar to sue anyone for their injuries. New Jersey’s fictitious party rule (“John Doe” Rule), U. 4:26-4, provides a safe haven to […]
Appellate Division Rules That Injured Plaintiff May Pursue Pothole Claim Against Municipality
On January 29, 2021, Plaintiff Michael Shaw tripped and fell while crossing Kearny Avenue due to a large pothole in the middle of the street. He suffered significant injuries including a broken right hip, chronic lumbar strain, and aggravation of other pre-existing conditions. The issue in Shaw v. Town of Kearny, 2025 N.J. Super. Unpub. […]
Judge Rules That Plaintiff Injured While Crossing a Roadway Was Not Entitled to Jury Charge As to an Unmarked Crosswalk
Plaintiff Aiyonna Daniels was struck and injured by defendant Chaunsa Bussey’s motor vehicle while she was attempting to cross a T-intersection of a two-lane road with a four-lane road. She characterized this area as qualifying as an “unmarked crosswalk.” The issue in Daniels v. Bussey, 2025 N.J. Super. Unpub. LEXIS 1159 (App. Div. June 26, […]
Plaintiff Fails to Meet the Requirements of Fictitious Pleading Rule to Be Able to Add New Parties in Amended Complaint
Plaintiff Jorge Jimenez-Peguero was working for defendant Royal Packaging, LLC at its Totowa warehouse when he was severely and permanently injured by a large industrial machine. Plaintiff claimed that the machine malfunctioned and struck him in the back and then dropped a 100 pound bag of “flower” onto him. Approximately six months after the accident, […]
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, […]
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 […]
Photographs Showing Mopping of Floor and Caution Sign Placed Post-Accident Barred at Trial As Subsequent Remedial Measure
Plaintiff Pauline Jelken fell in a puddle of water in the lobby of the defendant’s Public Storage facility. After she fell, an employee mopped the puddle and placed a caution sign on the floor. Plaintiff sued Public Storage for her injuries suffered from the fall. The issue in Luciano v. Public Storage, 2025 N.J. Super. […]
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 […]
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