New Jersey Superior Court concludes that grant of summary judgment on basis of New Jersey Tort Claims Act was improper because a genuine issue of material fact existed regarding the cause of motor vehicle accident.
When confronted with evidence that defendant could have avoided accident, a finding that weather caused accident is inappropriate. Court also affirmed lower court’s ruling that strict adherence to specific city’s notice of claim form was not required.
Court grants defendant’s motion to dismiss and compel arbitration.
Sanctions awarded after court determines insurer knew/should have known its improper venue defense was not supported by application of existing law to material facts where same clause had been determined ambiguous by District Court of Appeal.
Successful defense of claim petition alleging neurologic injuries from a slip and fall on ice.
The claimant alleged issues with his speech, vision and balance. His treating physician diagnosed a concussion with post-concussion syndrome and cervicalgia resulting in gait, visual and speech dysfunction, headaches, nausea, vomiting, dizziness, sensitivity to light and sound, and difficulty walking. The judge limited the injury to a scalp contusion and traumatic Bell’s Palsy, awarded less than 11 weeks’ of benefits, and terminated benefits as of our IME.
Lumbar fusion surgery and indemnity benefits denied.
We represented a national internet retailer in the successful denial of a proposed lumbar fusion surgery and indemnity benefits. The claimant was awarded the injury and conservative medical treatment, however, the lumbar spine fusion surgery was denied, as were total and partial disability benefits. The client avoided a complex multi-level lumbar spine fusion surgery (L3-S1), total and partial disability benefits, and the post-surgical care. Because the surgery will not occur, the client is also relieved of a large post-operative permanent impairment award and surgical disfigurement.
Termination petition successfully prosecuted.
We successfully prosecuted a termination petition, securing a full recovery opinion from the court with reference to a Medicare eligible claimant who worked for a local Philadelphia financial institution. The claimant suffered a knee injury during the course and scope of employment. She ultimately required knee surgery for a torn meniscus. We presented evidence from the claimant’s treating surgeon, coupled with an independent expert, to produce an evidence record that demonstrated by preponderance of the evidence that the knee injury had fully resolved.
Claimant’s Yellow Freight motion denied.
We successfully defended a late answer against a claimant’s Yellow Freight motion by convincing the judge that the claimant’s claim petition was not well-pled and did not meet the claimant’s burden of proof with respect to disability. The claim petition alleged that the claimant did not return to work for the employer and sought payment of ongoing disability. In defense of the motion, we submitted evidence showing that the claimant returned to work for the employer within days of the alleged work injury, arguing that the claimant was not disabled as alleged.
Successful defense of school district and its board members.
The petitioner resides in the school district and is a former school board member. At its December 2021 reorganization meeting, the school board voted to appoint a new school district solicitor. The petitioner attempted to make public comment and object to the school board’s appointment of the solicitor, but he was not permitted to do so. The petitioner contended the school district and its board members violated the Sunshine Act and his right to free speech under the Pennsylvania Constitution by not allowing him to offer public comment at the meeting.