Tag: settlement
Court Finds Defendants Unable To Pay Medicare Lien Directly Because Not Part of Settlement Reached
Plaintiff Walter Cabezas, as administrator of the Estate of Aldemar Cabezas, filed a wrongful death lawsuit following the death of Aldemar Cabezas who was struck by a vehicle owned by defendant Penske Truck Leasing Co. on September 7, 2021. Medicare issued a conditional payment letter to plaintiff, stating that Medicare had identified $62,100.82 in conditional […]
Appellate Division Upholds Trial Court’s Decision That Execution Of A Release Was Essential Term Of The Parties’ Settlement
Plaintiff Ronald Goldstein appealed from a trial court decision order denying his motion to enforce the terms of a settlement that was placed on the record. He also appealed from the trial court’s order granting defendants’ cross-motion to enforce the settlement in accordance with their written settlement agreement. The issue in Goldstein v. Prolong Pharmaceuticals, […]
Plaintiff’s Settlement of Property-Based Claim Against Landlord Found Not to Bar Subsequent Personal Injury Claim
Plaintiff Lourdes Gonzalez had filed a lawsuit against her landlord, defendant 908-910 Washington Street, LLC, alleging various theories of liability, based upon the condition of her apartment. That lawsuit was settled on certain terms which included a general release of any and all claims against the landlord. The issue in Gonzalez v. 908-910 Washington Street, […]
Settlement Reached at Mediation Deemed Unenforceable Due to Parties Failure to Sign Written Agreement
This matter arose from a dispute over the sale of two nail salons. Defendants PD Nail Corp., CD Nail Corp., Hee Jung Kim, and Sook Hee Kim made a $550,000 down payment and acquired possession of the nail salons, but the sales were not finalized due to the deterioration of the negotiations. Plaintiffs Gold Tree […]
Court Enforces Settlement Agreement Without Insurer Included on Release
Plaintiff Glentina Kupolati sued the Village of Timber Creek Condominium when she slipped and fell on a sidewalk near her home. On the day of trial, the parties’ counsel met to settle the matter with counsel orally agreeing that plaintiff would receive $180,000 and, in return, Kupolati would sign a general release, waiving any claims […]
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, […]
Settling Defendant Not Entitled to Pursue Cross-Claim for Contribution
A company responsible for maintaining cargo lifts found out in Cherilus v. Federal Express, 2014 N.J. Super. LEXIS 47 (App. Div. 2013) that after it settled with plaintiff, it would not be able to pursue the co-defendant manufacturer for contribution. In Cherilus, the plaintiff, Joseph Cherilus, was injured on a cargo lift at a Federal […]
Betsy G. Ramos
redbanknaacp
Stephen Gilbert
Tom Begley
Connect With Capehart Scatchard