Sizeable Verdict Against Devious Defendant in Simple Slip and Fall Litigation

How far might a defending entity go to skip out on fair compensation? One may be surprised how far even an innocuous business may go to prevent recovery at trial. The court allowed for a presumption the information sought to be concealed would be damaging to the defendant, Outback Steak House of Florida, Inc. (“Outback”) […]

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$21.7 Million Award to Plaintiff in Water Craft Crash

Can you imagine going for a ride on a jet ski or similar water craft and sustaining a traumatic injury due in part to a defective design that has existed in the watercraft since the date of purchase? This was the experience of the successful plaintiffs at trial, Fabiola Esparza and other plaintiffs (collectively “Esparza”) […]

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The Depths of Negligence, Major Contribution Provided by Municipal Complex

Could you imagine government employees making repeated repairs to a continuously recurring sinkhole, but not putting up signs or cones around it to warn innocent third parties of danger? Well, the answer might be “Of course I can!” But this story of negligence should still be filed under the “Impressive” category. The injured plaintiff, Constance Childs-Abdullah […]

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Victory for Consumers Against Repeat Offenders of New Jersey’s Consumer Fraud Act

How devious might a defendant act with regards to selling “Defective products?” The Superior Court of New Jersey ruled against sellers of diseased pets and upheld the trial court’s summary judgment ruling in favor of plaintiff consumers in Chiesa v. Levine, Superior Court of New Jersey, Appellate Division, Docket No.: A-4055-11T3. The New Jersey Attorney General […]

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Separating the Tree From the Forest: Superior Court Explains Meaning Behind Notice, Court Limitations, and Palpable Unreasonableness in Tree Case

In DeFreese v. Spizziri, Superior Court of New Jersey, Appellate Division, Docket No.: A-5094-11T3, the plaintiffs, Theresa and Janice DeFreese appealed a 2012 order granting summary judgment in favor of the Township of Mahwah (“Township”). The DeFreeses claimed they sustained bodily injury as well as damage to the vehicle they were travelling in, resulting from […]

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One Jury Verdict Shutting Out Plaintiff From Recovery May Not Be End All Be All

Can you imagine being able to overturn a jury verdict and getting another shot at trial? One might be surprised to find out that a jury verdict can be overturned if certain conditions are met, mainly the jury’s verdict constitutes a miscarriage of justice. The plaintiff in Carmello v. Singh, Inc., Superior Court of New […]

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Damages are Required in Order to Recover in Consumer Fraud Act and in Common Law Fraud

A real sense of measurable harm must be experienced in order to assert the need for damages. The U.S. District Court of New Jersey ruled against plaintiffs bringing a claim under the New Jersey Consumer Fraud Act (“CFA”), and under common law fraud in Hoffman v. Nutraceutical Corp., U.S. District Court of New Jersey, Civil […]

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Plaintiff Gets Her Day in Court as Appellate Division Reverses Summary Judgment

Plaintiff broke her ankle while helping her sister-in-law move into an apartment in Irvington. In January of 2009, Carol Houston (“Houston” or “Plaintiff”) was helping her sister move into an apartment and broke her ankle when she fell down a flight of stairs. Houston v. Gichuhi, Superior Court of New Jersey, Appellate Division, Docket No.: […]

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Ford Subcontractor Installs Equipment that Combusts; Defense Disregards Duties Required by N.J. Rules of Evidence

When Plaintiff purchased his new van from Ford, he agreed to send the vehicle to a Ford subcontractor in order to install a custom interior and entertainment equipment. The equipment combusted into flames. In CURE v. Sherrod Vans, Inc., Superior Court of New Jersey, Appellate Division, Docket No.: A-6368-11T3, plaintiff, Karlin Johnson (“Johnson”) purchased his […]

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