Publications
Claims for professional negligence cannot be recast as “general negligence” in order to skirt the Affidavit of Merit and expert testimony requirements.
The plaintiff underwent an uneventful and routine cystoscopy at the defendant’s medical practice. Five minutes after, the plaintiff requested and was allowed to stand up and use the bathroom.
Case Law Alerts, 2nd Quarter, April 2015
The discovery rule applies to the seriousness of injuries, not merely the injuries themselves.
Mrs. Varner-Mort was in a car accident in early May of 2009 and sought treatment within days.
Case Law Alerts, 2nd Quarter, April 2015
It is not bad faith to reject a UM arbitration award and seek trial de novo in reliance on an unpublished case and independently under policy language.
After the plaintiff was struck by an uninsured motorist, he filed a UM claim against his auto insurer and that of his employer, which proceeded to arbitration. The insurers were ordered to split equally an award in the plaintiff’s favor.
Case Law Alerts, 2nd Quarter, April 2015
The successor engineer is not responsible for all plans taken over, signed and sealed.
In this wrongful death action brought against an engineering firm that designed a roadway construction project, the trial court erred in weighing conflicting evidence on the firm’s motion for summary judgment based on its contention that the
Case Law Alerts, 2nd Quarter, April 2015
A property owner has a duty to warn an independent contractor’s employee of hazards not inherent to the contractor’s job.
The defendants—a building owner, a former tenant who was a shareholder in the current tenant, a finance company and the company’s employee—were not entitled to summary judgment in a premises liability action on the issue of duty
Case Law Alerts, 2nd Quarter, April 2015
To support claims of professional malpractice or negligence, the Affidavit of Merit must be issued by an affiant licensed in the same profession as the defendant.
A school board entered into a contract with an architect for the design of a school.
Case Law Alerts, 2nd Quarter, April 2015
Determining admissibility of expert testimony in support of claim for architectural malpractice requires consideration of the specific claims, standard of care identified by expert, and whether expert is qualified to testify as to standards identified.
The architect and the plaintiff entered into a contract whereby the architect agreed to provide architectural services, including structural, mechanical and electrical design, for additions and alterations to an existing four-story building.
Case Law Alerts, 2nd Quarter, April 2015
Absence of opposing expert testimony does not entitle a plaintiff to summary judgment or a directed verdict where the expert’s credibility is subject to question or facts in the expert’s opinion are subject to dispute.
The developer of a residential project engaged an engineering firm to perform surveys and provide designs for various elements of the project, including design of a retaining wall.
Case Law Alerts, 2nd Quarter, April 2015
Employers have affirmative defenses to hostile work environment claims created by supervisors.
The New Jersey Supreme Court recently held that an employer is not strictly liable for a supervisor’s alleged sexual harassment. The court held:
Case Law Alerts, 2nd Quarter, April 2015
There is no inference of age discrimination when younger employees are terminated and older employees remain during a reduction in force.
The plaintiff, a maintenance helper/porter at the defendant’s Ridgewood plant, was 64 years old when he was terminated as part of a reduction in force.
Case Law Alerts, 2nd Quarter, April 2015