Publications
Summary Judgment Granted Despite Pro Se Litigant
Newton, represented by counsel, filed a complaint against Shoeneberger, alleging negligence following a motor vehicle accident.
Case Law Alerts, 3rd Quarter, July
Third District Reverses Trial Court Ruling That Policy’s Fire Endorsement Incorporated Physical Damage Provision
This suit involved the interpretation of a commercial automobile insurance policy and the interplay between its fire endorsement and physical damage provision.
Case Law Alerts, 3rd Quarter, July
Fourth District Reverses Trial Court Ruling Granting Summary Judgment Where Supporting Factual Position Was Not Filed at Least Forty Days Prior To Hearing
The lower court suit in this matter involved the appellee’s contention that the personal injury protection (PIP) policy limit of $10,000 had exhausted and therefore, no policy benefits remained in light of the appellant’s contention that it had be
Case Law Alerts, 3rd Quarter, July
First District Affirms Trial Court Order Granting Underinsured Motorist Insurer’s Motion to Set-Off Damages Awarded to Insured by a Tortfeasor’s Liability Policy Limits
After being involved in a motor vehicle accident with Marquisha Thurman, the appellant pursued, then abandoned a claim against Thurman, who had a liability policy with a $25,000 per person limit.
Case Law Alerts, 3rd Quarter, July
Injury on Work Premises Still Considered Outside Scope of Employment
The petitioner appealed from the order of the Division of Workers’ Compensation dismissing his petition for benefits based on lack of compensability.
Case Law Alerts, 3rd Quarter, July
Superior Court of New Jersey, Appellate Division Affirmed Entry of Summary Judgment Which Held That Defendant Utilized the Cable on the Property Which Caused Personal Injury for a Legitimate Business Purpose
The plaintiff brought an action against the defendant for injuries sustained when the plaintiff struck a steel cable while riding a dirt bike on the defendant’s property after business hours.
Case Law Alerts, 3rd Quarter, July
Court Error on Sloping Stairs Leads to Summary Judgment Reversal
In an action to recover damages for personal injuries, the plaintiff appealed from an order granting the defendant’s motion for summary judgment.
Case Law Alerts, 3rd Quarter, July
Supreme Court of New York, Appellate Division Modified the Court’s Order by Deleting the Provision Denying the Plaintiff’s Motion for Summary Judgment
The plaintiff was struck by the defendant’s vehicle as she crossed the street. The plaintiff established, prima facie, that she crossed in the crosswalk and had the pedestrian signal in her favor.
Case Law Alerts, 3rd Quarter, July
Supreme Court of New York, Appellate Division Affirmed the Supreme Court’s Grant of the Plaintiff’s Motion for Summary Judgment on the Issue of Liability
In Peterson, the defendant’s vehicle struck the plaintiff’s when the defendant attempted to take a left turn onto an unmarked, one-way street and found that a third vehicle was exiting the same street.
Case Law Alerts, 3rd Quarter, July
Supreme Court of New York, Appellate Division Affirmed Superior Court’s Decision to Deny Plaintiff’s Motion for Summary Judgment Against Defendant’s Affirmative Defense Alleging Culpable Conduct and Comparative Negligence
In Mora, the defendant’s tractor-trailer collided with the plaintiff’s vehicle when the defendant took a left turn. In order to be entitled to summary judgment, the plaintiff must establish her own freedom from comparative negligence.
Case Law Alerts, 3rd Quarter, July