Publications
The days of waivers may be numbered…
After the court granted a petition for certification, this matter settled. However, Justice Albin dissented from the order dismissing the appeal.
Case Law Alerts, 1st Quarter, January 2019
Collision of student and teacher at a student fundraising basketball game is dismissed without evidence of recklessness.
The plaintiff’s appeal of the dismissal of her claim was denied. Her claim of negligence and intentional conduct for a collision did not present evidence of negligent supervision , recklessness or intent.
Case Law Alerts, 1st Quarter, January 2019
Injury at water fountain dismissed as no liability on public entity.
The plaintiff’s claim was dismissed as no liability was found on the public entity for the condition of the water fountain. The plaintiff was playing football with friends in the city park.
Case Law Alerts, 1st Quarter, January 2019
A directed verdict with regard to liability is not warranted when trial testimony and written discovery establishes the defendant was negligent.
In this case the defendant admitted to partial liability in his answers to discovery, in the police report, and during his testimony at trial.
Case Law Alerts, 1st Quarter, January 2019
Baby you can drive my car – but you better have your own insurance.
The owner of the car lived with his girlfriend, who was not specifically listed as a driver on his car insurance policy (and not a resident relative). The girlfriend did not own a vehicle or have an insurance policy of her own.
Case Law Alerts, 1st Quarter, January 2019
Without a duty, there can be no liability for general contractor.
The trial court granted summary judgment for the defendant general contractor in this personal injury suit brought by a subcontractor’s employee who was injured on the job site.
Case Law Alerts, 1st Quarter, January 2019
Municipal ordinance imposing a duty of care on property owner to maintain abutting public sidewalk does not automatically create a duty of care owed by property owner to a third party injured on the same sidewalk.
The plaintiff claimed the defendant negligently maintained the public sidewalk abutting her property, which caused her to fall and suffer personal injuries.
Case Law Alerts, 1st Quarter, January 2019
No need to set forth expert testimony to establish a breached duty of care when the plaintiff presents photographs and detailed measurements of the stairs upon which he fell and his description of the circumstances.
When visiting the defendant’s home for a service call in the course of his employment, the plaintiff, an air-conditioning technician, fell backward down a flight of stairs and sustained physical injuries.
Case Law Alerts, 1st Quarter, January 2019
A hazard known by a plaintiff, but assumed anyway, is not actionable.
New Jersey case law is never short on family drama. Here, the defendant requested her three adult children to cover her backyard pool, which was above ground and surrounded by a wooden deck.
Case Law Alerts, 1st Quarter, January 2019
Where the sidewalk ends: residential property owners do not have absolute immunity when sidewalk injuries occur.
The plaintiff brought suit for personal injuries after she fell on the driveway and/or sidewalk of the defendant’s property, which she claimed was made of uneven and cracked asphalt.
Case Law Alerts, 1st Quarter, January 2019