Tag: summary judgment
Court Finds County Not Liable for Fall on Public Sidewalk Adjacent to County Road
Plaintiff Frances Hice tripped and fell and suffered injuries as a result of an uneven public sidewalk slab on Watchung Avenue in Bloomfield. The sidewalk abutted a private residence owned by defendants Jose Cruz and Angelica Delacruz. The sidewalk was adjacent to a road (Watchung Avenue) owned by the County of Essex. The issue in […]
Appellate Division Reaffirms “Bright-Line” Between Commercial and Residential Properties as to Public Sidewalk Liability
In the published case of Gottsleben v. Annese, 2025 N.J. Super. LEXIS 52 (App. Div. July 3, 2025), the plaintiff Debra Gottsleben unsuccessfully attempted to expand the principles of public sidewalk liability for commercial properties to a residential property that was unoccupied and undergoing renovations. The plaintiff had slipped and fell on the sidewalk in […]
Appellate Division Reverses Summary Judgment Order Granted Due to Plaintiff’s Medical Experts Failure to Apportion Her Injuries Among Two Accidents and Her Preexisting Condition
Plaintiff Hellen Bayer was in an automobile accident with defendant Michael Roman on November 22, 2017. The parties contested the severity of the accident, but plaintiff alleged to have suffered injuries to her neck and back. The issue in Bayer v. Roman, 2024 N.J. Super. Unpub. LEXIS 2605 (App. Div. Oct. 25, 2024) was whether […]
Landlord Found Not To Be Responsible For Fatal Injury of Tenant’s Employee
The decedent Sean King was employed by High Grade Beverage (“HGB”) when he received a fatal electric shock while attempting to replace an emergency light fixture. OSHA determined that he was working with live wires when he was electrocuted, as the circuit breaker feeding the emergency light fixture had not been turned off. The issue […]
Court Finds That Cross-Claims Against Third Party Defendant Window Manufacturer Not Dismissed After Third Party Plaintiff Window Supplier Dismissed From Lawsuit
This matter concerns a complex construction lawsuit arising from the allegedly defective design and construction of townhomes located on the Ventnor City boardwalk. Plaintiff homeowners filed a lawsuit, suing, among other defendants, Universal Supply Co., the supplier of the windows and doors for the various townhome units at issue. Thereafter, Universal filed an Answer and […]
Appellate Division Reverses Summary Judgment Granted to Defendant as to Property Damage Claim
Plaintiff Zulfigar Ahmed suffered a property damage loss at his owner-occupied two-story residential apartment house in Paterson due to a high wind rainstorm. At that time, a tree limb and branches fell onto plaintiff’s home, damaging its roof, vinyl siding, concrete masonry wall, a window and other property. The issue in Ahmed v. American Security […]
Plaintiff Making Left Hand Turn Denied UIM Benefits for Injuries Incurred From Accident
Plaintiff Calise Belin was injured in a two vehicle accident after stopping at a stop sign on Lafayette Road in Voorhees, preparing to turn left on Haddonfield-Berlin Road. Plaintiff looked both ways and not seeing anyone coming, turned left. She collided with a vehicle being driven by Debra Lawless-Gattone who was travelling northbound on Haddonfield-Berlin […]
Federal Court Finds That Children of Deceased Father Have No Standing to Pursue Section 1983 Claim Against City for Death of Father While in Police Custody
The decedent, Phillip White, died en route to the hospital after an encounter with Vineland police officers. A federal lawsuit was filed against Vineland by Mr. White’s mother, as his Administratrix Ad Prosequendum, and two of his children. The issue in White v. City of Vineland, 2022 U.S. Dist. LEXIS 199436 (D.N.J. Nov. 2, 2022) […]
Plaintiff Failed to Prove Defendant Negligently Operated Her Vehicle at Uncontrolled Intersection
Plaintiff Maria Troiani-Schwartz and Defendant Elizabeth Dicker collided at an uncontrolled intersection in Hopewell, New Jersey. The traffic light at the intersection was not functioning due to Hurricane Sandy. In Troiani-Schwartz v. Dicker, 2018 N.J. Super. Unpub. LEXIS 1520 (App. Div. June 26, 2018), the plaintiff contended that summary judgment was inappropriate because there was […]
Homeowner Found Not Liable for Injury Resulting from Fall on Driveway During Ongoing Snowstorm
Plaintiff, Michael Mangone, a UPS delivery worker, suffered an injury due to a fall from snow on the driveway of defendant Beverly Beer. Plaintiff sued Beer, claiming negligence. The question in Mangone v. Beer, 2017 N.J. Super. Unpub. LEXIS 2855 (App. Div. Nov.16, 2017) was whether the defendant breached any duty of care owed to […]
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