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Tag: res ipsa loquitur

Plaintiffs Relying on the Doctrine of Res Ipsa Loquitur Must Establish That Their Own Conduct Was Not the Cause of Their Injuries

By on August 11, 2022 in Negligence with 0 Comments

By: Patrick J. Graham, Esq. Editor: Betsy G. Ramos, Esq. Plaintiff, Gladys Bednarko, sued Defendant, Ben’s Bagel Barn after she was hit on the back of her right foot by Defendant’s front door that she alleged closed “too fast” behind her. Specifically, Plaintiff alleged that upon leaving Defendant’s store front, she pushed open the front […]

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Res Ipsa Loquitur Not Apply for Negligence Claim Due to Injury from Eating Dessert from Fast Food Restaurant

By on September 2, 2016 in Negligence, Uncategorized with 0 Comments

Plaintiff Erik Lukmann claims to have been injured while biting down on an ice cream dessert purchased from Wendy’s. He bit down, felt a hard object, and spit out a coin. As a result, he broke several veneers on his teeth. In Lukmann v. Wenesco Restaurant Systems, Inc., 2016 N.J. Super. Unpub. LEXIS 1089 (App. […]

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