An Exculpatory Clause Isn’t Always Enforceable in a Personal Injury Lawsuit

By Scott M. Russ, Esq. In Walters v. YMCA, the New Jersey Appellate Division reversed a trial court’s dismissal of a personal injury lawsuit premised upon a contractual waiver of liability.  Applying the seminal case of Stelluti v. Casapenn Enters, Inc., 203 N.J. 286 (2010) the trial...

School Board Found Not Liable for Fall on School Property

By Betsy G. Ramos, Esq. Laurie Ortiz Guerrero sued defendant Toms River Regional Schools Board of Education due to a fall on an icy school walkway. Plaintiff argued that the exception to the immunity provisions in the Tort Claims Act, as set forth in the New Jersey Supreme Court in B...

Geaney’s 2015 Workers’ Comp Manual Highlights

The 2015 Manual is a compilation of prior editions with particular emphasis on cases decided in 2013-2014 as well as the addition of important chapters for practitioners of workers’ compensation. Several Supreme Court decisions and numerous appellate division decisions are analyzed in...

Limitations Period in Fire Policy Upheld

In Rihanna Corp. v. Certain Underwriters at Lloyd’s of London, 2014 N.J. Super. Unpub. LEXIS 2216 (App. Div. Sept. 11, 2014), the plaintiff insureds sought payment under a certain business owner’s insurance policy for a fire loss suffered by Rihana Restaurant. The defendant insurance...
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