Publications
Second Amended Complaint dismissed on Rule 12 (b) (6) for failure to demonstrate breach of duty in “Jump Scare” injury.
An amusement park patron claimed that an unidentified employee, dressed as a clown, frightened her when she was in attendance at the park during a Hall-o-Scream event, causing her to f
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
An operator’s duty to stop a ride when a patron is contributorily negligent in engaging in “horseplay.”
When a child unlatched a restraining chain from a swing ride and was thrown from a ride, under the state’s version
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Question of fact as to coverage for gross negligence when employee fails to stop a ride resulting in fatal injuries to coworker.
Factual issues, such as the notice and delay and/or the operator’s abandonment of his post to stop a conveyor belt, were found to be enough to reverse summary judgment on the issue of
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Court refuses to admit deposition errata on cause of accident.
The First Department refused to consider a deposition errata sheet that changed the cause of the plaintiff’s slip-a
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
A complaint cannot consist of conclusory allegations devoid of factual support.
The plaintiffs sought to have the Insurance Fraud Prevention Act (IFPA) repealed and declared unconstitutional.
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Appellate Division finds that the plaintiff met the extraordinary circumstances exception to the 90-day requirement to serve a tort claims notice.
The Appellate Division of New Jersey reversed a denial of the plaintiff’s motion to file a late tort claims notice
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Case provides strong defense for supermarket owners and operators against slip-and-fall claims.
When the plaintiff slipped and fell on a grape in the aisle of a Sam’s Club store in Linden, New Jersey, she brough
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
The New Jersey Supreme Court adopts the Ongoing Storm Doctrine, ending split amongst lower courts.
New Jersey’s highest court has finally held that a commercial property owner does not have a duty to remove snow or
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
A party’s IME doctor must provide a written report for his or her opinions to be considered by the judge at the final hearing.
The claimant suffered a compensable work injury on December 25, 2016.
What’s Hot in Workers’ Comp