Workers Compensation Carrier and Employers Not Entitled to Reimbursement on Workers Compensation Third Party Action

In Thomas v. City of East Orange, Docket No. 1-1468-10 (App. Div. 2011), the Appellate Division panel, Judges Reisner and LeWinn, affirmed the trial court’s ruling, holding an injured employee does not have to reimburse an employer or carrier for monies paid on a workers compensation claim when the third-party tortfeasor is a public entity.. […]

Read More

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”) […]

Read More

$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”) […]

Read More

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 […]

Read More

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 […]

Read More

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 […]

Read More

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.: […]

Read More

Strange and Desperate Wrongful Death and Survivorship Case Sums up Need-to-Know Information on Negligence

In Segal v. County of Hudson, Superior Court of New Jersey, Appellate Division, Docket No.: A-5005-11 (App. Div. July 19, 2013), certif. denied, 217 N.J. 284 (2014), a Jersey City Public Works employee was eating lunch at the end of Duncan Avenue by the Hackensack River when he discovered a vehicle upside-down, floating in the […]

Read More

Parties Ordered to Hire Neutral Expert to Look into Plaintiff’s Facebook Account

How might Facebook threaten or benefit a personal injury claim? Courts are becoming increasingly involved with social media presented by either party during trial. The evidence can affect a party’s case either positively or negatively by placing emphasis as to what really happened in the jury’s minds. It is also possible the jury may get […]

Read More

Facebook Case Pits NJ Courts in Tenuous Position Against Supreme Court Tribunals

How would New Jersey courts rule on possible overstepping by Supreme Court tribunals that investigate ethics complaints? The New Jersey Law Journal covered an interesting event on July 2 of this year where two attorneys, John Robertelli (“Robertelli”) and Gabriel Adamo (“Adamo”), sued the Office of Attorney Ethics (“OAE”) for “bringing an ethics case against […]

Read More
Load More Posts