Publications
The emergency doctrine does not apply to rear-end collisions.
The plaintiff argued the defendant suddenly stopped, whereas the defendant argued he slowed down at a reasonable rate when approaching the intersection. The end result was a rear-rend collision.
Case Law Alerts, 1st Quarter, January 2018
New Jersey’s Deemer statute does not apply to pedestrians hit in New Jersey if the pedestrian is insured in another state.
In this case of first impression, a Virginia resident was struck by a New Jersey driver while walking across the street in New Jersey.
Case Law Alerts, 1st Quarter, January 2018
UM carrier’s summary judgment motion granted as no evidence was presented that the alleged debris in the road came from another motor vehicle due to a driver’s negligence.
In his suit against his auto insurance carrier to recover uninsured motorist benefits, the plaintiff claimed that alleged debris in the roadway caused his vehicle to spin out of control and strike two other vehicles.
Case Law Alerts, 1st Quarter, January 2018
Summary judgment was granted in favor of the middle driver defendant because the evidence demonstrated that the middle vehicle came to a complete stop before being pushed into plaintiff’s vehicle by the third vehicle in line.
The plaintiff testified that her vehicle was struck twice from behind. The driver of the vehicle directly behind hers testified that he was at a complete stop when he was rear-ended and pushed into the plaintiff’s vehicle.
Case Law Alerts, 1st Quarter, January 2018
Charitable Immunity Act causes death of a case against cemetery.
The plaintiff filed suit against a cemetery, owned by the parish of Cathedral of the Immaculate Conception and operated by the Diocese of Camden, after the plaintiff’s wheelchair wedged in a crack in the sidewalk and caused him to fall out o
Case Law Alerts, 1st Quarter, January 2018
Expert testimony not necessary in a slip and fall suit involving discarded food; plaintiff entitled to discovery requests tailored to the particular incident, but not to information regarding criminal activity or intoxicated customers at the premises.
The plaintiff sued Wawa, claiming she sustained injuries after slipping on “hoagie guts” in the parking lot.
Case Law Alerts, 1st Quarter, January 2018
Excess insurer waived defense of failure to comply with condition precedent of exhausting remedies before proceeding against excess insurer when the excess insurer failed to plead the defense with sufficient particularity.
After being injured in a motor vehicle accident, the plaintiff filed a lawsuit against her excess insurer seeking uninsured motorist benefits.
Case Law Alerts, 1st Quarter, January 2018
Superior Court dismissed pro se plaintiff’s complaint after he repeatedly failed to comply with the court’s instructions and had no evidence to present to a jury in support of his claims.
Throughout this litigation, the court explained to the plaintiff the basic rules of evidence and how to present his claims to a jury. Trial was continued three times to give the plaintiff time to secure witnesses and order mediation.
Case Law Alerts, 1st Quarter, January 2018
No duty to seek administrative remedies for IFPA, RICO or other fraud-based claims prior to filing in federal or state court.
The defendants filed a motion to dismiss, asserting the insurance carrier failed to seek administrative remedies, i.e., mandated arbitration in lieu of filing a complaint in federal court.
Case Law Alerts, 1st Quarter, January 2018
The Third Circuit joins other Circuits on issue of modification of maritime labor contracts.
The United States Court of Appeals for the Third Circuit, in a precedential, en banc decision, ruled that judges may not modify the terms of a seafarer’s labor contract without evidence of unfairness in the collective bargaining process.
Case Law Alerts, 1st Quarter, January 2018