Publications
Motion to compel an arbitration clause in a minor’s release cannot be denied without finding of fact.
The Superior Court found that the trial judge failed to make the required finding of fact in support of his denial of the defendant’s motion to compel arbitration. The denial of defendant’s motion was vacated.
Case Law Alerts, 2nd Quarter, April 2019
Tort Claims Act prevents suit for slip on a tarp under an inflatable water slide.
Although there were disputes of fact, non were material to prevent the lower court from granting summary judgment to the defendants.
Case Law Alerts, 2nd Quarter, April 2019
ATVs are not covered under “private passenger automobile” coverage.
The applicable insurance policy covered “non-owned private passenger autos,” which were defined in the policy as “a four-wheel private passenger, station wagon or jeep type auto.”
Case Law Alerts, 2nd Quarter, April 2019
An expert witness may review and read out loud portions of a document intended to refresh his recollection while testifying at trial.
The defense was questioning an expert witness, a physician. The doctor, who had already been qualified as an expert, had performed an examination of the plaintiff over one year prior to the actual trial.
Case Law Alerts, 2nd Quarter, April 2019
Deference to the trial court’s discretion in matters of pre-trial discovery controls.
The defendant sought a writ of certiorari to quash the trial court’s order requiring the production of a surveillance video, taken on the date of the alleged incident, prior to the plaintiff’s deposition.
Case Law Alerts, 2nd Quarter, April 2019
New York’s Second Department changes 100 years of personal jurisdiction case law.
This case involved claims against Ford and Goodyear arising out of an allegedly defective Ford Explorer and Goodyear tire that malfunctioned, causing the death of several of the vehicle’s occupants.
Case Law Alerts, 2nd Quarter, April 2019
Commercial landlord is not liable for injuries suffered by invitees of its tenant where lease places maintenance responsibilities solely on the tenant.
The plaintiff was injured in the course of his employment with IMTT while working at the Bayonne Terminal in Bayonne, New Jersey. The commercial owner of the property is Bayonne Industries, who leased the premises to IMTT beginning in 1983.
Case Law Alerts, 2nd Quarter, April 2019
When a commercial landowner complies with the “bare minimum” safety standards required by law and there are no witnesses or explanation as to the circumstances of the accident, summary judgment in favor of defendant is appropriate.
As defense counsel, sometimes we are faced with heartbreaking facts of undeniable accidents. However, it is important to remain confident that the mere happening of an accident, no matter the severity, does not prove negligence.
Case Law Alerts, 2nd Quarter, April 2019
Summary judgment is not appropriate where a rational jury could go either way based on conflicting expert reports making fact-based opinions.
The plaintiff was a leasee of a unit in a three-family dwelling in Newark that was owned by the defendants.
Case Law Alerts, 2nd Quarter, April 2019
An oil platform permanently affixed to the sea floor is not a “vessel”; therefore, plaintiff could not avail himself of Jones Act or general maritime law remedies.
This action involved a slip-and-fall incident that occurred on an oil platform permanently affixed to the sea floor in the Gulf of Mexico. The plaintiff was working as a galley-hand and cook at the time of the incident.
Case Law Alerts, 2nd Quarter, April 2019