No Liability to Property Owner for Subcontractor’s Fall Through Roof on Which He Worked

Plaintiff’s Personal Injury Lawsuit Against Trampoline Park Dismissed Due to Lack of Expert Testimony As to Duty of Care Owed by Facility

Appellate Division Upholds Trial Court’s Use of an Evidentiary Hearing to Dismiss Late Tort Claims Notice on Public Entity

Employee’s Mid-Shift Pizza Run Was Outside of the Scope of His Employment to Hold Employer Vicariously Liable for His Car Accident

Appellate Division Reinforces Status Quo in Severing and Staying Discovery in UM/UIM Cases in Light of New Insurance Bad Faith Statute

Bicyclists Covered by Auto Insurance with Limited Tort Must Establish a Permanent Injury to Sue for Pain and Suffering

Municipality Found Immune From Liability for Pedestrian Accident Under Both Tort Claims Act and Landowners’ Liability Act

Driver Not Liable for Failing to See or Interpret Another Vehicle’s Swerve as Evidence of a Pedestrian in the Roadway

Ongoing Storm Rule Upheld Due to Plaintiff’s Inability to Establish Clear Endpoint to Precipitation

Court Determines Plaintiff’s Evidence of Black Ice “Conjecture” in Dismissing Complaint

Court Finds No Liability of Defendant Homeowner for Social Guest’s Fall Down Her Steps

Equitable Tolling Does Not Apply to Claims Against Public Entities Under the Tort Claims Act’s Statute of Limitations

Snow Tubing is the Equivalent of Skiing Under the New Jersey Ski Act

Broadly-Read Insurance Policy Exclusion Allows Insurer to Deny Coverage for Pharma Company Due to Chairman’s Alleged Self-Dealing Scheme by New Jersey Supreme Court

New Jersey Supreme Court Unanimously Holds Future Medical Costs Still Payable by PIP are “Collectible” and Inadmissible at Trial

Personal Injury Complaint Dismissed Against County Due to Failure to Comply with Notice Provisions of Tort Claims Act

Court Upholds Oral Settlement of Personal Injury Claim Immediately Following Auto Accident

A Plaintiff’s Complaints of Pain Without an Objectively Permanent Injury Fails to Meet the Verbal Threshold

Court Bars Admission of Prior Conviction at Trial

Broken Glass on a School Playing Field Potentially a “Pollutant” for Insurance Claim

Coverage for Auto Accident Denied Because Driver Was Not Permissive User

Compensatory Damages Are Not a Binary Choice and Must Fairly Compensate a Plaintiff

Plaintiff’s Lawsuit Against Municipality Dismissed Due to Failure to Prove Constructive Notice of Alleged Dangerous Condition

Appellate Division’s Strict Reading of Auto Policy Denies Injured Driver UIM Benefits

Appellate Division Rules That an Injured Plaintiff’s Changed Testimony at Trial Bars Her Claim for Future Medical Costs

Appellate Division Reverses Ruling As to Applicability of Forum Selection Clause to Bar New Jersey Lawsuit

No Liability for Landlord, Parent Company, and Landscaper for Fall on Black Ice

New Jersey Supreme Court Rules That Landowners Liability Act Bars Claim for Fall in County Park

Tort Claims Act Protects Borough from Liability for a Pedestrian’s Trip and Fall in a Pothole

Federal District Court Sets Reasonable Fee for Deposition of Plaintiff’s Medical Expert

Appellate Division Finds Potential Liability for Driving Too Slowly

Court Dismisses Plaintiff’s Personal Injury Claim Resulting From Trip Over an Outstretched Leg of Kneeling Supermarket Employee

Court Refuses to Apply Mode of Operation Doctrine to Plaintiff’s Fall as a Result of Hanger on Floor of Retail Store

Plaintiff’s Lawsuit Dismissed Due to Failure to Prove Causal Relationship Between Inhalation of Fumes and Her Fall

Landowner’s Liability Act Does Not Extend to Local Beaches or the Ocean

Court Finds County Not Liable for Fall on Public Sidewalk Adjacent to County Road

State Law Claims Dismissed In Error When Federal Court Declined Supplemental Jurisdiction Over Claims

Court Finds Defendants Unable To Pay Medicare Lien Directly Because Not Part of Settlement Reached

Homeowner Not Responsible for Plaintiff’s Injury Caused by Slip on Ice in Front of Home

Appellate Division Refuses to Allow Plaintiff to Use the “John Doe” Rule to Avoid a Statute of Limitations Dismissal

District Court Finds That Mode of Operation Rule Did Not Apply to a Fall From a Blueberry Sold in a Clamshell Container

Civil Rights Complaint Dismissed Because Group Pleading Filed Against Public Officials and Police Officers

Appellate Division Upholds Trial Court’s Involuntary Dismissal of Plaintiff’s Personal Injury Claim Due to Her Failure to Prove Liability

Shooting Victim’s Failure to Show Newark PD’s Custom of Excessive Force Allows District Court to Dismiss Complaint

Defendant in Civil Case May Be Questioned at Deposition As to Statements Made During Criminal Guilty Plea

Appellate Division Upholds Shorter Statute of Limitations in Insurance Policy for UIM Claim

Supreme Court Rules on Statute of Limitations for False Light Invasion of Privacy Claim

Summary Judgment Dismissal Affirmed Based Upon Storm In Progress Doctrine

Appellate Division Rules That Injured Plaintiff May Pursue Pothole Claim Against Municipality

Appellate Division Finds That Portion of Arbitrator’s Award Was Properly Vacated

Appellate Division Reaffirms “Bright-Line” Between Commercial and Residential Properties as to Public Sidewalk Liability

Judge Rules That Plaintiff Injured While Crossing a Roadway Was Not Entitled to Jury Charge As to an Unmarked Crosswalk

Court Rules That County Not Vicariously Liable for the Alleged Negligent Acts of Its Independent Contractor

Appellate Division Reverses Trial Court’s Minimal Award of Attorneys Fees to Plaintiff’s Counsel for Work Performed for a Collection Matter

Appellate Division Reverses Trial Court Decision Denying Motion to Reinstate Complaint Dismissed Due to Lack of Prosecution

Plaintiff Barred From Pursuing Appeal After Executing Warrant to Satisfy Judgment

Plaintiff’s Personal Injury Claim Against NJ Transit Barred Due to Her Failure to Timely File a Notice of Tort Claim

Appellate Division Upholds Summary Judgment Dismissal of Suit for Plaintiff’s Failure to Maintain New Jersey Automobile Insurance

Court Dismisses Plaintiff’s Personal Injury Claim Due to Failure to Plead Claim Under the Products Liability Act

Court Dismisses Plaintiff’s Personal Injury Claim Caused by Fall in Pothole Located in Crosswalk

New Jersey Supreme Court Determined That Juries Can View Video in Slow Motion

Court Dismisses Lawsuit Filed by Driver Turning Left From Middle Lane

Appellate Division Rules That Trial Court Should Have Vacated Default Judgment Due to Mistaken Identity of Defendant

Plaintiff Unable to Establish That Stone Filler in Front of Township Recycling Box Car Constituted a Dangerous Condition

Federal Court Remands Case Back to State Court Due to Defendant’s Failure to Establish Diversity Jurisdiction

Appellate Division Reverses Summary Judgment Order Granted Due to Plaintiff’s Medical Experts Failure to Apportion Her Injuries Among Two Accidents and Her Preexisting Condition

Plaintiff’s Personal Injury Lawsuit From Auto Accident Barred Due to Her Failure to Provide a Timely Certification of Permanency

Plaintiff Found to Be Eligible for PIP Benefits for Burns Suffered From Hot Tea Spilled on Her at Dunkin’ Donuts Drive-Through

Consent Order Bars Re-Litigation of Claims

Landlord Found Not To Be Responsible For Fatal Injury of Tenant’s Employee

Court Finds That Cross-Claims Against Third Party Defendant Window Manufacturer Not Dismissed After Third Party Plaintiff Window Supplier Dismissed From Lawsuit

State Found Immune From Liability for Auto Accident Based Upon Tort Claims Act Immunities

Appellate Division Upholds Dismissal of Complaint With Prejudice Due to Plaintiff’s Failure to Provide Complete Discovery

Plaintiff Permitted to Pursue Personal Injury Claim Against Apartment Owner and Tenant Due to Injury Caused by Deficient Stair Railing

Plaintiff’s Negligence Claim Against Casino Security Guard Dismissed Due to Failure to Retain Expert

Prosecutor’s Office Found Not Liable for Civil Claim in Prosecuting Former Police Officer for Criminal Acts

Plaintiff’s Bodily Injury Claim Dismissed Due to Failure to Show How a Subsequent Accident Aggravated Pre-existing Injuries From Prior Accident

Expert Needed for Condominium Owner to Recover for Water Damage

Landowners Liability Act Bars Claim for Fall in County Park

Appellate Division Rules That Department of Transportation and State of New Jersey Were Not Liable for Injury Caused by Pothole

Appellate Division Finds Coverage Under Loading and Unloading Doctrine for Donut Shop Sued in Serving Customer Hot Tea Through Drive Through Window

The Enforcement and Application of Shortened Limitations Period Clauses in Insurance Policies

Court Rules That Commercial Landowner Has No Duty to Pre-treat Commercial Sidewalks Despite Actual or Constructive Knowledge of an Impending Storm

NJ Supreme Court Rules that Former Trustee Cannot Recover Attorneys’ Fees and Costs Against Condominium Board Under an Ambiguous By-Law Indemnification Clause

New Jersey Supreme Court Imposes Duty Upon Owner of Vacant Commercial Lot to Maintain the Public Sidewalk Abutting the Property

Experienced Trucking Employee Permitted to Offer Lay Opinion on Standard of Care for Transporting a Sealed Container of Food-Grade Substance

Quarry Landowners Found to Be Immune From Liability for Injuries Motor Biker Suffered While on Their Land

Police Officer Found to Be Immune From Liability for an Accident Caused by High Speed Chase

Appellate Division Reverses Summary Judgment Granted to Defendant as to Property Damage Claim

Defense Counsel Permitted To Cross-Examine Plaintiff Concerning Statements Made In Pre-Accident Medical Records

Personal Injury Claim Resulting From Fall on Snow and Ice Barred by Ongoing Storm Rule

Court Finds That Lawsuit Filed Against Insurance Company Was Timely Filed

Public Entities Are Not Immune From Frivolous Sanction Litigation

Plaintiff’s Personal Injury Claim Dismissed Due to Lack of Expert Report As to Causation

Plaintiff’s Personal Injury Lawsuit Dismissed Due to Her Failure to Identify the Condition That Caused Her Accident

What is “Discovery” in a Civil Lawsuit?

Court Enforces Strict Deadline for Filing Demand for Trial De Novo

Appellate Division Reverses Dismissal of Plaintiff’s Complaint and Remands Matter for Evidentiary Hearing on the Issue of Charitable Immunity

Court Rules That Amusement and Water Park Owner Able to Sue for Defamation Over Alleged False Rumor

Court Permits Plaintiff To File Late Notice Of Tort Claim

Appellate Division Reverses Trial Court’s Dismissal of Lawsuit

Defendant Failed to Timely Demand a Jury Trial

Plaintiff’s Injury Claim Against Municipality Caused by Stepping Into Pothole Fails Due to Lack of Notice of Condition

Plaintiff Unable to Recover for Negligent Infliction of Emotional Distress Suffered in Finding Body of Murdered Friend in Their Hotel Room

Day in the Life Video Excluded at Trial

Employer Found Not Liable for an Auto Accident Caused by an Employee Who Stole Van From Employer

The Consequences of Coaching Your Witness During Trial

Warrant to Satisfy Judgment Bars Claim to Challenge Ruling Denying Claim for Future Medical Expenses

No Liability Found for Jersey City for Injury Caused by Trip and Fall on Uneven Pavement

Insurance Carrier Not Estopped From Denying Coverage After Affording Defense of Its Insured From an Automobile Accident

Plaintiff’s Personal Injury Claim Found Barred by Statute of Limitations

Plaintiff’s Loss of Balance May Satisfy the Permanency Requirement of the Tort Claims Act

Hotel Found Not to Be Liable for an Injury Caused by Trip Over Corner of Bed Frame

Building Owner Found Not Liable for Injury to Tenant’s Contractor

Court Finds That Minor’s Left Elbow Fracture May Meet Permanency Requirement of Tort Claims Act

Homeowner Did Not Have Insurance Coverage for Accident of Person Who Lived With Insured

Appellate Division Reverses and Remands No-Cause Verdict for Auto Negligence Claim Following Inadmissible Cross-Examination

Casino Had No Duty to Protect Patron From Theft of Money Kept in Shopping Bag

How Is Comparative Negligence Law Applied Under New Jersey Law?

Employers With Remote Employees Are Not Automatically Subject to Personal Jurisdiction in the State Where the Employee Is Based

Newark Police Officers Immune from Tort Liability for Injuries that Occurred During a Vehicle Pursuit

Plaintiff’s Settlement of Property-Based Claim Against Landlord Found Not to Bar Subsequent Personal Injury Claim

Plaintiff’s Personal Injury Claim Barred by the Statute of Limitations Due to Late Filing of Complaint

Superior Court Upholds Tort Claims Act Protections for Failure to Warn of a Dangerous Condition

Post Office Found Not Liable for Fall Due to Drop Off From Cement Sidewalk

Court Finds Township Not Liable for Injury Caused by Plaintiff’s Fall Off Bicycle Due to Hitting Pothole

Court Finds That Mode of Operation Doctrine Properly Charged for Slip and Fall Accident

Owner of Two-Family Home Found Not to Be Liable for Plaintiff’s Injury From Fall on Public Sidewalk in Front of Home

Appellate Division Finds that “Dirty” Substance on Floor Does Not Constitute Constructive Notice for Slip and Fall in Pharmacy

Court Finds Plaintiffs Presented Extraordinary Circumstances Sufficient to Permit Filing of a Late Notice of Tort Claim

Court Finds That Plaintiff Not Entitled to PIP Benefits For Injury While Operating an Electric Scooter

Breaching the Verbal Threshold for an Automobile Accident Injury through Scarring or a Permanent Injury

Appellate Division Dismisses Auto Insurer’s Appeal Seeking to Avoid Remand Back to Arbitration Proceeding

Municipal Parking Authority Found to Be Immune From Tort Liability for Claim Resulting From Its Snow Removal Activities

Supreme Court Rules That Third-Party Observer or Recording May be Permitted at DME, Upon Plaintiff’s Request, Unless Defendant Moves for a Protective Order

N.J. Supreme Court Holds Employer’s Vicarious Liability Under Borrowed-Employee Doctrine Is Question of Fact Reserved for Jury

Homeowner Found Not Liable for Breach of Contract in Allegedly Concealing the Presence of Mold in Her Home

Court Confirms Arbitration Award Despite Plaintiff’s Counsel’s Claim of Failure to Receive Notice that Award Was Posted on E-Courts

Township Found to Have No Liability for Injury Caused by Trip Over Pothole in Shoulder of Road

Court Finds That Strict Liability Dog Bite Statute Applies While Plaintiff Visiting Dog Sitter at Defendants’ Home

Mode of Operation Found to Apply to Accident Caused by Brown Substance on Floor of Bagel Store

Employee Exclusion Bars Coverage For Injured Pool Worker Employee

The (Often Obscured) Impact of “Litigation Funding”

Macy’s Found Not Liable for Slip and Fall Injury Due to Plaintiff’s Failure to Identify Dangerous Condition

Building Owner May be Liable to Plaintiff Injured Due to Falling Ceiling Tile

Mall Owner Not Liable to Plaintiff Injured on Interior Department Store Staircase

Settlement Reached at Mediation Deemed Unenforceable Due to Parties Failure to Sign Written Agreement

Expunged Criminal Record of Employee May Be Used Against Employer In Negligent Hiring Claim

Plaintiff’s Failure to Prove Property Owner Had Actual or Prior Notice of Ice on Steps Merited Dismissal of Lawsuit

DWI Conviction Needed to Bar Personal Injury Claim Resulting From an Auto Accident

Extraordinary Circumstances Not Found to Support Untimely Trial De Novo Request After Arbitration Award

Joint Insurance Fund’s Self-Insurance Found Not To Trigger Other Insurance Clause

New Trial Granted Due to Court’s Failure to Provide Six Peremptory Challenges to Defendants

Commercial Landowner Found Not Entitled to Summary Judgment for Fall on Ice Based Upon Exception to Ongoing Storm Rule

Arbitration Provision Between Sophisticated Parties Found to be Enforceable Despite Lack of Explicit Waiver of Access to the Courts

Failure to Provide Notice of Claim Form to Plaintiff’s Counsel Insufficient to Justify Filing a Late Notice of Tort Claim

Using Mediation or Arbitration to Resolve Disputes: the Pros and Cons

Plaintiff Making Left Hand Turn Denied UIM Benefits for Injuries Incurred From Accident

Subjective Complaints of Pain and Suffering from Automobile Accident Insufficient To Meet Permanent Injury Requirement of Verbal Threshold

Owner of Vacant Lot Adjoining Public Sidewalk Held Not Liable for Injury Caused by Fall on Sidewalk

Municipality Found Not Liable for Injury Caused by Trip Over Raised Boardwalk Board

Former Property Manager of Apartment Complex Found Not Liable to Plaintiff Who Was Shot by Estranged Husband While at Complex

Appellate Division Reverses Denial of Summary Judgment to Social Hosts for Plaintiffs’ Son Drowning in Their Pool

Federal Judge Finds Mode of Operation Rule Does Not Apply to Accident Involving Motorized Cart in Store

Federal Court Finds That Children of Deceased Father Have No Standing to Pursue Section 1983 Claim Against City for Death of Father While in Police Custody

Plaintiff’s Loading Dock Injury Claim Dismissed Due To Failure To Obtain Liability Expert Report

Supreme Court Determines Standard of Care of Negligence Claim Asserted by Student Against Coach

Appellate Division Upholds Jury Verdict of Zero Damages After Defendants Stipulated to Liability

Third Circuit Finds That Statute Of Limitations Period On Civil Rights Claim Arising From Wrongful Conviction Did Not Begin Until Conviction Was Vacated

New Jersey Revamps Its Offer of Judgment Rule

Plaintiff’s Underinsured Motorist Claim Barred Due to a Failure To Purchase a New Jersey Automobile Insurance Policy

Mode of Operation Rule Does Not Apply to Fall From Liquid on Floor Allegedly Resulting From a Water Bottle Spill

Insufficient Basis Found to File Late Tort Claim Notice in COVID-Related Death

Masking and Social Distancing Requirements to be Concluded in New Jersey Civil Courts

New Jersey Enacts New Automobile Insurance Law Raising Minimum Amounts of Liability Insurance Required

Plaintiffs Relying on the Doctrine of Res Ipsa Loquitur Must Establish That Their Own Conduct Was Not the Cause of Their Injuries

No Requirement to Provide Comparative Analysis of Injuries Suffered in Two Different Accidents When Plaintiff Did Not Plead Aggravation of Injuries

Court Refuses to Apply Mode of Operation Doctrine to Landlord/Tenant Slip and Fall Case

Minority Statute of Limitations Tolling Held to Be Inapplicable to Suits Brought on Behalf of Minor Decedents or Their Estates

Appellate Division Rules That Plaintiff’s Medical Bills Incurred Due to Personal Injury Were Admissible at Trial Against Public Entity

New Jersey Supreme Court Refuses to Extend the Rescue Doctrine to Include Rescue of Animal

New Jersey Appellate Division Rules that Injured Plaintiff May Sue His Insurance Carrier for Bad Faith Damages Due to Delay in Approving Medical Test and Surgery

Appellate Division Rules in Published Decision That Supreme Court’s COVID Omnibus Order Did Not Toll the Statute of Limitations

New Jersey Supreme Court Approves Increase in Jurisdictional Limits of Small Claims and Special Civil Part

Residential Landowners Found Not Liable For Plaintiff’s Injuries Due To Trip And Fall On Raised Sidewalk In Driveway Area

Court Finds That Plaintiff’s Notice Of Claim Substantially Complied With The Notice Requirements Of The Tort Claims Act

Plaintiff’s Complaint Dismissed Based Upon The Statute Of Limitations, Despite COVID-19 Order Extending Statute Of Limitations

Recent Unpublished Appellate Division Opinion Regarding Sidewalk Liability

Appellate Division Issues Ruling On When Defense Medical Exam Can Be Video Or Audio Recorded Or Attended By A Third Party

Plaintiff’s Personal Injury Lawsuit Dismissed As To Public Entity For Failure To Meet Permanency Threshold

Concert Provider Found Not Liable For Patron’s Injury Caused By Slipping On Muddy Ground At Concert

Plaintiff’s Counsel’s Negotiations With Insurance Carrier Did Not Toll The Statute Of Limitations For Personal Injury Suit

Kean University Found To Be Immune From Liability Under The Charitable Immunity Act For Plaintiff’s Fall At Soccer Game At Kean University Stadium

Court Finds That NJM Had No Duty To Pay For Defense Of Guest Who Committed Assault Until Incident Is Determined To Be Negligent Or Intentional

New Jersey Turnpike Authority Found Not Liable For Injury Caused Due To Plaintiff’s Motorcycle Hitting A Pothole

New Jersey Supreme Court Rules that Mode of Operation Doctrine Does Not Apply to Sale of Grapes in Closed Container

New Jersey Driver With New York Auto Policy Considered To Be Uninsured And Barred From Pursuing Personal Injury Claim

Non-Party Not Subject To Same Broad Rules Of Discovery As Party To Suit

Neither County Nor City Found Responsible For Injury To Plaintiff Caused By Tree Limb Piercing Windshield Of His Car

Fitness Club’s Waiver of Liability and Assumption of Risk Clauses in Agreement Found to Bar Member’s Personal Injury Claim

Parent Witnessing Children Struck By Car Not Entitled To Underinsured Motorist Benefits

Landlord Found Not Liable For Tenant’s Fall On Interior Stairway of Residence

New Jersey Enacts Bad Faith Law Covering the Payment of Uninsured/Underinsured Motorist Benefits

Injured Passenger Involved In Auto Accident Not Entitled To Underinsured Motorist Coverage Under Owner’s Business Insurance Policy

Personal Injury Claim Against Church Barred by Charitable Immunity Act

Court Finds City Not Liable For Plaintiff’s Injury Suffered From Stepping Into Pothole

Failure To Serve Defendant And Seek Reinstatement Of Complaint for Seven Years Justifies Order Denying Reinstatement Of Complaint

Homeowners Found Not Responsible For Plaintiff’s Injury Caused By Raised Sidewalk Slab In Front Of Defendants’ Home

Plaintiff Was Not Entitled To UIM Benefits From Brother’s Policy Due To Coverage Being Provided Under His Own Personal Vehicle

Appellate Division Finds that Constructive Notice an Issue for Fall on Clear Liquid Near Store Checkout Counter

Appellate Division Upholds Defense Jury Verdict Against Plaintiff For Trip Over A Curb

Tax Returns Of Corporation Subject To Presumption Of Confidentiality When Requested In Civil Lawsuit

United States Supreme Court Reaffirms the Defense of Qualified Immunity as Applied in Constitutional Excessive Force Cases

Plaintiff’s Slip And Fall Claim Dismissed Due To Her Failure To Prove Store Had Notice Of Water On Floor

NJ Supreme Court Grants Certification in Mode of Operation Case

Survivor’s Act Claim Barred Due To The Failure To Timely Appoint A General Administrator Of The Deceased Plaintiff’s Estate

Neither Wawa, Nor The State Held Liable For Accidents That Occurred Due To Drivers Making An Illegal Left Turn Into A Wawa Driveway

Governor Murphy Signs Into Law New Automobile Policy Limits Disclosure Law

Mode Of Operation Doctrine Not Applied To A Fall At Restaurant Due to A Greasy Food Wrapper

Due To Lack Of Notice Of Buckled Rug, Casino Hotel Found Not Liable For Plaintiff’s Trip And Fall Over Rug

Plaintiff’s Burn Claim from Hot Marinara Sauce Not Barred Due to Disposal of Marinara Sauce Container

General Contractor Found Not to Be Liable for Injury To Subcontractor’s Employee at Job Site

PIP Carrier Not Entitled To Subrogate Against Health Insurance Carrier For Medical Expenses Paid In Error

Apartment Building Owner Found Not To Be Liable For Injury From Fall On Slippery Stairs Due To Lack Of Notice Of Condition Of Stairs

Plaintiff’s UM/UIM Claim Found To Be Barred Due To Plaintiff’s Failure To Sue Tortfeasor Within Statute Of Limitations

New Jersey Supreme Court Holds that Multiple Documents Cannot be Used to Establish Compliance with the Notice Requirements of the Tort Claims Act

Appellate Division Finds Plaintiff’s Wrongful Death Lawsuit Against Decedents’ Employer Failed To Meet Intentional Wrong Exception Of Workers’ Compensation Act

Appellate Division Finds That Umbrella Insurance Policy Was Unambiguous In Its Exclusion Of Underinsured Motorist Coverage

Employer’s Statements That Employee Driver Failed To Follow Safety Protocols Found To Be Admissible Evidence In Motor Vehicle Accident Case

Plaintiff Able to Obtain Full Recovery of Verdict Against Defendant Tortfeasor Found to be 60% Negligent in Auto Case

New Jersey Appellate Division Reverses Trial Court’s Dismissal with Prejudice of Lawsuit Due to Failure to Answer Interrogatories

New Jersey Supreme Court Adopts “Ongoing Storm” Rule with Limited Exceptions

Appellate Division Issues Ruling Explaining Distinction Between Motions for Reconsideration of an Interlocutory Order Versus a Final Order

New Jersey Rescue Doctrine Does Not Apply To Rescue Of Pet Owned By Defendants

New Jersey Appellate Division Upholds Dismissal Of Civil Complaint, Dismissed Four Years Earlier Due To Lack Of Prosecution

Mode of Operation Doctrine Does Not Apply to Fall on a Grape Sold in Clamshell Case

Resumption of In-Person New Jersey Trials

Plaintiff’s NJ Lawsuit Dismissed Due To Inability To Describe Cause Of Trip And Fall

County Not Entitled To Indemnification For Accident Caused By Its Own Negligence

Under New Jersey Law, City Has No Liability For Plaintiff’s Injury Due To Fall On Snow In Street

Homeowner Not Responsible For Plaintiff’s Injury From Trip Over Raised Sidewalk Due To Tree Root

Plaintiff Able To Assert Negligent Infliction Of Emotional Distress Claim Against Vet For Decapitating Deceased Cat To Perform Rabies Test

Borough Found Not Liable For Slip And Fall Injury Due To Alleged Depression In Grassy Area Of Municipal Park

Slip And Fall Plaintiff Not Required To Prove Notice Of Dangerous Condition If Created By Defendant

Commercial Landowner Found Potentially Liable For Fall Occurring on Grassy Area Between the Sidewalk and Curb

Retail Store Found To Be Potentially Liable For Trip And Fall Caused By Gap Between Escalator Platform And Floor

Burden to Apportion Damages For Two Successive Accidents Shifted to Defendants If Plaintiff Suffered “Unitary” Harm

Third-Party Complaint Against Municipality Barred Due To Defendant’s Failure To Timely File A Notice Of Tort Claim

Court Enforces Settlement Agreement Without Insurer Included on Release

Supermarket Found Not Liable For Plaintiff’s Fall Due To Water On Store’s Floor

Plaintiff’s Negligence Claim Against Retailer Store Dismissed For Failure to Prove Causation for Fall

General Contractor Found Not Responsible for Injury to Subcontractor Employee

New Jersey Supreme Court Orders Virtual Jury Trials to Proceed

Trial Court Committed Error In Permitting Plaintiff’s Alcohol Consumption Admitted Into Evidence In A Fall Down Case

Plaintiff’s Claim for UIM Coverage Denied Based upon Regular Use Exclusion in Insurance Policy

Hotel Found to Have No Liability for Painting Contractor Injured Due to Fall Off Ladder

Jury Trials Again Suspended in New Jersey

Lost Profits Claim Barred Under New Business Rule

No Coverage for Personal Injury Under Loading and Unloading Coverage in Auto Policy When Accident had no Substantial Nexus with Use of Truck

Residential Owner of Three Family Apartment Building Found Not to be Liable for Fall on Adjoining Public Sidewalk

Plaintiff’s Expert Report Barred Due to Failure to Distinguish Permanent Injury Suffered in Two Consecutive Car Accidents

New York Resident Injured As A Pedestrian In A New Jersey Accident Limited To PIP Benefits Under His New York Policy

Appellate Division Rejects Ongoing Storm Rule in Second Decision

Owner of Building May Have Vicarious Liability for Customer’s Injuries from Dog Bite

Defendant Underage Adult May Be Held Liable To Third Party Injured Due To Defendant Facilitating The Use Of Alcohol To Underage Adult At His Residence

Recent Successful Motion to Bar Plaintiff’s Liability Expert as “Net Opinion” Resulting in Summary Judgment

Red Lobster Found Potentially Liable To Customer For Injury From Fall On Oily Steps

Assault or Battery Exclusion Bars Claim Against Insurance Company for Tavern’s Defense and Indemnification as to Lawsuit Involving Fatal Shooting of Patron

Lawsuit of Deceased Plaintiff Dismissed Due to Death Occurring Before Complaint Filed

“Special Employee’s” Personal Injury Civil Claim Found Barred By Workers’ Compensation Exclusive Remedy Defense

New Jersey Jury Trials to Resume on Limited Basis

District Court Dismisses Claim For Personal Injury Caused By A Trip Over Advertising Sign

Supreme Court Rules That Made-Whole Doctrine Does Not Apply To A Self-Insured Retention

Plaintiff Unable to Pursue Injury Claim Incurred When Knocked Over By Defendants’ Dog in Dog Park

Neither County, Nor Board Of Education Held Liable For A Student Injured In Gym Class

Divided Supreme Court Finds Employers May Pursue Subrogation for Workers’ Compensation Benefits Paid for Economic Loss Where Employee Did Not Seek or Receive PIP Benefits

New Jersey State Courts Gradually Reopening

Target Found Not Liable for Child’s Injury Which Occurred After Fall off Bollard in Front of Store

County Found Not Liable For Trip Over Pipe Due To Plaintiff’s Failure To Prove Notice

Private Owner Of Parking Lot Leased To Municipality Found Not Liable For Fall On Ice In Lot

Snow Removal Contractor Found Not To Have Violated Contract For Failure To Add Owner Of Property To Its Liability Policy

Questions Of Proper Speed And Control Of A Vehicle Found To Be Question Of Fact In Auto Accident Case, Precluding Order For Summary Judgment

NJ Supreme Court Rules that Landlord Not Responsible for Minor Burned on Apartment Unit’s Radiator

Will New Jersey Business Owners Be Liable If Invitees Contract COVID-19 From Their Business After They Reopen?

New Jersey Appellate Division Rejects Storm In Progress Defense

Update on NJ Court Proceedings from Supreme Court Due to COVID-19 Pandemic

Update On Arbitration Hearings In New Jersey State Court

Coronavirus Continues To Disrupt Court Proceedings

New Jersey Suspends All Jury Trials in Response to Coronavirus

Disabled Motor Vehicle Driver Found Not Liable To Police Officer Injured In The Course Of Pushing Her Car To Side Of Roadway

Out-Of-State Auto Policy Required To Provide Minimum Liability Limits For New Jersey Auto Accident

When Defense Decides Not to Call its Medical Expert to Testify at Trial, Plaintiff Not Permitted to Tell Jury That Doctor Had Been Retained by Defense but Not Called to Testify

Residential Property Owner Found Not Liable for Plaintiff’s Injury Caused by Raised Public Sidewalk Slab Abutting Owner’s Home

Owner of Commercial Property Does Not Owe Its Tenant’s Invitee Duty to Clear Snow and Ice from Property’s Driveway While Property in Sole Possession and Control of Tenant

Owner Of Motor Vehicle Not Liable For Accident When Driver Not Acting As Her Agent

Owner Of Vacant Two-Family Home Found Not To Be Liable For Injury On Abutting Defective Sidewalk

Premises Liability Case Dismissed Against Supermarket Due To Plaintiff’s Failure To Prove Constructive Notice of Spill

Store Found Not Liable For Slip And Fall Due To Melting Snow From Cart In Aisle

Court Rules that Treating Physicians May Testify as to Whether their Bills were Fair and Reasonable

Landlord Found Not Liable for Tenant’s Injury on Stairs Due to Known Crack in Stair Tread

Court Rules That Plaintiff Unable To Seek PIP Coverage For Unpaid Medical Expenses Under Policies Issued By Insurance Companies To Tortfeasor’s Resident Relatives

Appellate Division Holds No Absolute Rule Of Law Finding Liability Due To Rear End Collision

Church Found Immune Under Charitable Immunity Act For Injury Due to Plaintiff’s Fall on Snow When Attending Drunk Driving Program at Church

Meeting the Verbal Threshold Requirement for an Automobile Accident Injury through Scarring or a Permanent Injury

Court Finds Contractor Not Responsible For Accidental Death Of Subcontractor’s Employee

Court Determines That Property Owner Can Be Held Liable For Fall on Slippery Floor Due To Prior Notice of Condition

Insured’s Failure To Timely Notify His Auto Insurer Of An Automobile Accident Bars UM Claim Against Insurance Carrier

University Found Potentially Liable To Roofing Contractor Who Was Injured When He Fell Off The Library Roof

Appellate Division Finds That Homeowner May Be Responsible For Her Sister’s Fall Due to a Negligently Maintained Handrail

Movie Theater Found not Liable for Fall Due to Plaintiff’s Failure to Prove it had Notice of Debris Allegedly Causing the Fall

Driver Of Automobile Found Not Liable For Auto Accident When No Ability to Avoid Collision

Home Inspectors Found Subject To New Jersey Consumer Fraud Act

Tractor Trailer Truck Driver Found Not Liable For Auto Accident Caused By Tire Blowout of Minivan In Front Of Truck

Expert Testimony Not Needed to Establish Unlit Walkway Drop Off Was A Dangerous Condition

Governor Murphy Signs Two Bills into Law Overturning Haines v. Taft, Permitting Injured Automobile Accident Plaintiffs to Recover Unreimbursed Medical Expenses

Orthopedist Found Not To Be Qualified To Testify As To Mechanism Of Personal Injury

Supreme Court Finds That Defendant Employee Was Not Obligated To Report That His Co-Worker Was Engaged In Sexual Relationship With Minor

Court Finds NJ Restrictive Covenant Agreement Enforceable As to Sales Representatives

Non-Profit Residential Drug Treatment Facility Found Not to Be Entitled to Charity Immunity for Injuries Suffered from Fall

Owner of Commercial Property With Triple Net Lease Agreement Found Not To Be Liable For Fall on Sidewalk

University Entitled to Charitable Immunity for Injury at Concert

Homeowners Displaced Due to Fire May Seek Damages Based Upon Inconvenience Due to Loss of Use of Home

Arbitration Clauses: Valid or Invalid?

Homeowner Found Not Liable for Injuries Suffered from Fall on Sidewalk

Defense IME Doctor Found to Be Obligated To Provide Copies of Articles Referred to In His Report

Legislative Update on Haines v. Taft

Landlord Found Not Liable to Injured Tenant Who Fell on Ice During Storm

How Much Time Do I Have to Appeal a New Jersey Civil Court Decision?

Plaintiffs May Recover For Diminution of Value of Motor Vehicle Involved In Accident

Snow In Progress Defense Upheld By the Appellate Division

Plaintiff in Personal Injury Action Barred from Testifying that his Automobile was Totaled

Does New Jersey Permit Recording of Defense IME’s?

Appellate Division Rules that the Workers’ Compensation Act Bars Lawsuit against Firefighter for Firecracker Prank, as it was not an Intentional Wrong

Appellate Division Rules on Amount of Attorneys Fee Permitted in Lien Reimbursement to Workers’ Compensation Carrier in High Third Party Settlements

Supreme Court Rules that Plaintiffs Injured in Auto Accident are Barred from Recovering Medical Expenses Less Than $250,000 Statutory Amount Regardless of PIP Coverage Selected

Chiropractor’s Report Barred in Automobile Accident Case Due to Inability to Distinguish Between Lumbar Permanency Plaintiff Suffered in Two Different Accidents

Expert Testimony Not Needed to Substantiate Pecuniary Value of Loss of Child’s Advice, Guidance, and Companionship in Wrongful Death Action

Retailer Found Not Liable for Fall in Parking Lot Due to Snow and Ice Based Upon Ongoing Snowstorm

Plaintiff’s Counsel Barred from Asking Plaintiff at Trial Whether Passenger in His Vehicle Suffered an Injury

Food Poisoning Claim Against Restaurant Dismissed Due to Lack of Proof

Plaintiff’s Personal Injury Claim Arising from Auto Accident Barred Due to His Inability to Establish a Permanent Injury as Required by Verbal Threshold Law

Loss of Control Over Motor Vehicle Due to Slippery Substance on Roadway Does Not Definitively Establish Negligence

Third Circuit Rules that Plaintiff May Sue Insurance Carrier under the Consumer Fraud Act for Deceptive Practices with Respect to her Personal Injury Claim

Plaintiff Unable to Meet Verbal Threshold Based Upon Family Doctor’s Opinion Of Decline in Mental Status Due to Car Accident

Plaintiff Barred From Calling PIP IME Doctor as Expert at Trial

Court Applies Mode of Operation Rule to Injury in Supermarket Caused by Water on Floor Due to Melted Snow from Shopping Cart

Apartment Complex Found not Liable to Plaintiff Who was Injured as a Result of Drive-By Shooting

When Can A Defendant Successfully File An Initial Motion To Dismiss Based Upon The Pleadings Versus A Motion For Summary Judgment?

Multiple Trials Error by Defense Counsel Merit Reversal of Jury Verdict

Step-down Provision in Auto Policy as to Spouse Upheld by Court

Appellate Division Reverses Order Denying Motion to Dismiss NJCRA Claims against New Jersey DEP Employees on the Basis of Qualified Immunity

Fitness Club Liability Waiver Form Found to be Unenforceable

Expert Testimony Needed for Questioning as to Airbag Deployment in Automobile Accident Case

Modified Jury Charge Permitted Concerning How to Evaluate Motor Vehicle Damage without Photographs of Vehicles

Judge Charged Wrong Jury Charge for Social Guest Premises Liability Case

Should You Reject a New Jersey Arbitration Award and File a Demand for a Trial De Novo? What Are The Pros and Cons?

Plaintiff Covered by Domestic Partner’s Verbal Threshold Selection in Insurance Policy

Attorney’s Fee Award Denied By Federal Court on Basis of Being Outrageously Excessive

Court Finds an Unoccupied Two Family Home to Be a Residential Property for Purposes of Determining Liability for a Fall on Adjoining Public Sidewalk

Landlord Held Not Liable for Injuries Suffered by Commercial Tenant’s Employee When Tenant Responsible for Maintenance of Premises

The Storm in Progress Exception to a Commercial Landowner’s Responsibility to Keep Its Premises in a Safe Condition

Landlord May Be Liable to Tenant Injured in The Process of Changing Lightbulb in Ceiling Fixture in Common Hallway

Expert Needed to Prove Amount of Property Damage for Fire Loss

No Attorney’s Fees Permitted Under Offer of Judgment Rule When not Preserved Under High-Low Agreement

Offer of Judgment Sanctions Found Inapplicable in Multidefendant Case

Plaintiff, as Trespasser to Property, Owed Minimal Duty of Care by Landowner

Mode of Operation Doctrine Rejected for Accident Caused by Fall on Laundry Detergent in Mailroom of Apartment Building

Plaintiff Unable to Prove Erectile Dysfunction Caused by Accident without Expert Testimony

Supermarket Found Not Liable for Vandalism to Employee’s Car Parked in Designated Area of Shopping Center Parking Lot

Plaintiff Failed to Prove Defendant Negligently Operated Her Vehicle at Uncontrolled Intersection

Medical Examiner’s Report Deemed Inadmissible in Wrongful Death Case

Plaintiff Not Entitled to Mode of Operation Charge When Unable to Identify Substance Causing Fall

Whether Plaintiff Qualifies as an Insured Under UIM Endorsement Not Subject to Arbitration

Court Rules that Settlement from Self-Insured Premises Owner Should be Applied as Credit against Plaintiff’s UIM Coverage

Church Found Not Liable for Fall on Public Sidewalk in Front of Vacant Church Property

Allocation of Negligence as to Fictitious Defendant Permitted in Automobile Accident Lawsuit

Plaintiff’s Retail Safety Expert Found Not Qualified to Testify as Expert

Plaintiff’s Failure to Notify His Auto Insurance Carrier of Litigation Against Underinsured Tortfeasor Bars UIM Claim

New Jersey Appellate Court Refuses to Recognize Tort Claim for Negligent Misidentification of Suspect

Insurer Not Barred from Disclaiming Coverage after Providing Courtesy Defense

Claims that Fall Under Employers Liability/Part B Coverage

Litigation Privilege Bars Lawsuit as to Alleged Defamatory Statement Made by Litigant

Commercial Property Owner Unable to Obtain Dismissal for Fall on Black Ice

Commercial Property Landlord Not Responsible for Injury of Tenant’s Invitee

Court Finds Insurance Company Properly Cancelled Policy of Insurance for Non-Payment of Premiums

How to Apply Offer of Judgment Rule in an Underinsured Motorist Case

Catholic Cemetery Found Immune from Liability for Personal Injury Claim based Upon Charitable Immunity Act

Homeowner Limited to Cash Value of House in Fire Loss Claim

What Defenses Are Available to Public Entities for Falls on Public Sidewalks?

When is an Adjoining Landowner Considered to be “Commercial” for Purposes of Imposing Liability for a Fall on a Public Sidewalk Under New Jersey Law?

Who is Responsible Under New Jersey Law When an Injury Occurs Due to a Fall on a Public Sidewalk?

Common Law Dog Bite Liability Can Reach Beyond the Dog Owner to A “Keeper”

Homeowners Found Not Liable for Slip and Fall on Ice on Adjoining Public Sidewalk Due to a Refreeze of Water From Homes’ Downspouts

Counterclaim Filed After Statute of Limitations Expired Permitted to “Relate Back” to Timely Filed Complaint

Condominium Association Not Liable for Injury on Sidewalk Adjacent to Its Buildings

Homeowner Found Not Liable for Injury Resulting from Fall on Driveway During Ongoing Snowstorm

A Refresher on the Standards for a Motion for Summary Judgment in the Context of Potential Liability of a Volunteer Athletic Coach

Court Refuses to Apply Relation Back Rule to Permit Amended Pleading Filed Beyond Statute of Limitations

Wear and Tear Homeowner’s Policy Exclusion Upheld by Court to Bar Property Damage Claim to Pool

Tenant’s Personal Injury Claim against Property Manager Dismissed

Store Found Not Negligent for Plaintiff Who Was Injured Tripping Over Mannequin Platform

Res Ipsa Loquitor Doctrine Not Available to Establish Negligence for Injury Due to Elevator Doors

Continuous Trigger Theory of Insurance Coverage Applied to Third Party Liability Claims Involving Progressive Damage to Property in Construction Defect Case

Expert Testimony Needed to Establish Negligence Claim Based Upon Violation of State And Local Codes

Failure to File Timely Tort Claims Act Notice Should Not Bar Suit Against Municipality for Injuries Due to Chemical Vapors Based Upon Discovery Rule

Statute of Limitations in Construction Defect Case Accrues When Original or Subsequent Owners Knew of Basis or Should Have Known of Basis For Claim

Personal Injury Claim Barred by Charitable Immunity Defense

Plaintiff not Considered Uninsured While Principally Garaging His Motor Vehicle in NJ but Insuring the Vehicle in His Home State of Louisiana

Defendant Barred from Suing Public Entity Due to Failure to File Timely Tort Claims Act Notice

Defense Doctor Permitted to Testify as to Lack of Necessity of Plaintiff’s Surgical Procedures Despite Failing to Include that Opinion in his Report

Personal Injury Suit Remanded Back to State Court Due to Failure to Meet Monetary Threshold for Federal Diversity Jurisdiction

New Jersey Court Permits Service of Process through Facebook

Plaintiff’s Bodily Injury Claim Due to Fall from Water on Floor Dismissed

Homeowners Found Not Liable for Guest Who Drowned in Their Pool

Plaintiff’s Liability Release Bars Her Personal Injury Claim Against Health Club

Court Finds Homeowners Not Liable to Guest Who Trips over Dog in Hallway

Court Finds that Equitable Tolling of Statute of Limitations Did Not Apply to Prevent Lawsuit’s Dismissal

Out-of-State Pedestrian Injured in New Jersey Not Entitled to PIP Benefits Under Deemer Statute

Owner of Three Family Home Has No Liability for Injury Caused by Fall on Sidewalk Adjacent to Home

Appellate Division Rules that Medical Expenses that Exceed $15,000 PIP Limits are Recoverable in Personal Injury Action

Expert Not Required to Prove Dangerous Condition Due to Fall Occurring As Result of Height Differential between Two Driveways

Failure to Comply with Strict New Jersey Appellate Rules Result in Dismissal of Cross-Appeal

Occasional Business Use of Residence Does Not Convert Property to a Commercial Use for Purposes of Applying Sidewalk Law

Dog Owner Found Not Liable For Injury Caused By Her Dog Knocking Over Neighbor

Court Dismisses Bodily Injury Claim from Fall Based upon Slippery Floor in Restaurant

Plaintiff’s Claim for Property Damage to Vehicle Limited to Vehicle’s Market Value

Homeowner Found Not Liable to Guest Injured in Trip over Threshold

Hotel Found Not Liable for Assault by Third Party Against Guests

Appellate Division Refuses to Enforce Liquidated Damages Clause as Unenforceable Penalty

Court Dismisses Claim for Punitive Damages Alleged in Auto Accident Case

Plaintiff Can Be Compelled to Pay IME Missed Appointment Fee

High-low Agreement Barred Award of Attorney’s Fees under Offer of Judgment Rule

Uber Arbitration Clause Accessed through Hyperlink to Contract with Driver Found Enforceable

Can Defendant Not Yet Criminally Charged Obtain Stay Of Civil Litigation To Preserve Right Against Self-Incrimination?

Plaintiff Unable to Meet Permanency Threshold of Tort Claims Act Despite Knee Surgery

Plaintiff’s Personal Injury Lawsuit Barred by Independent Contractor Exception

Plaintiff Barred from Pursuing Personal Injury from Auto Accident Due to Failure to Insure

Court Interprets Two Competing “Other Insurance” Clauses to Determine Primacy of Coverages

Homeowner Found Not Liable for Fall on Sidewalk Due to Spiky Seed Pods

Allocation of Negligence as to Fictitious Defendant Permitted in Personal Injury Action

Mere Sponsorship of an Event Held to be Insufficient to Impose Liability for Personal Injury

When is a Condition an “Open and Obvious Defect”?

Plaintiff Permitted to “Board” Full Amount of Medical Expenses Not Covered by PIP

Plaintiff’s Flooring Expert Report Barred as Net Opinion

Supreme Court Defines Criteria for Granting Remittitur of Jury Verdict

Court Rules that Settling Co-Defendant Charge Not Appropriate When Defendant Settles Before Trial

The Special Employer Rule May Bar Civil Lawsuits by Temporary Employees for Injuries Sustained on the Temporary Jobs

Constructive Notice May be an Issue in a Premises Liability Personal Injury Suit

Plaintiff Limited on Admissibility of Medical Bills to Amounts Paid by Medicare

Plaintiff Barred from Collecting PIP Benefits Due to the Ownership of Uninsured Vehicle

Frivolous Fee Award Against Pro Se Plaintiffs Limited by New Jersey Appellate Division

Supermarket in Multi-tenant Shopping Center Found Not Liable to Shopper Who Falls on Ice in the Parking Lot

Court Finds Unlicensed Driver to be Permissive User of Automobile

Res Ipsa Loquitur Not Apply for Negligence Claim Due to Injury from Eating Dessert from Fast Food Restaurant

Provision in Employment Contract Limiting Employee’s Ability to Sue Third Party Found Unenforceable by NJ Court

Rain Water Damage Caused by Subcontractor’s Faulty Workmanship Found to be Covered Claim under Developer’s CGL Policy

Winning Attorneys’ Fees for the Filing of Frivolous Lawsuits

Using the Offer of Judgment Rule as a Tool to Obtain a Reasonable Settlement

Arbitration Clause in Invoice for Medical Records from Medical Provider to Patient’s Attorney Found Unenforceable by New Jersey Court

New Jersey Extends Duty of Care Owed by Employer to Cohabitant of Employee for Exposure to Toxic Substance

Forum Selection Clause Requiring Litigation in Russia Upheld

Arbitration Clause Ruled Invalid in Educational Institute’s Enrollment Agreement

NJ Court Finds that Expenses Paid Pursuant to Med Pay Coverage Are Subject to Collateral Source Rule and Are Not Recoverable in a Subsequent Subrogation Action

Litigation Implications of the New “Defend Trade Secrets Act of 2016”

Cumulative Trial Errors Merit New Trial to Defendants for $4.5 Million Jury Award in Automobile Accident Case

Neighbor Found Not Liable for Plaintiff’s Fall on Sidewalk Due to Snow and Ice

UIM Step-Down Provision in Auto Policy Not Triggered When Other Policy is a “Special Policy” Providing No UIM Coverage

Claim Based on Breach of Installment Contract Found to Accrue as of Date of Missed Payment

Accident Caused by Rear-End Collision Does Not Automatically Establish Negligence of the Driver who Rear-Ended Other Vehicle

Attorney Sanctioned for Shoddy Appellate Brief

Defendants Not Responsible for Damage to Neighbors’ Retaining Wall Caused by Roots of Tree They Did Not Plant

Damage to Commercial Building Barred by Wear and Tear Exclusion in Insurance Policy

Church Found Immune from Liability for Fall on Sidewalk

Defendant Wins Dismissal of Personal Injury Suit Due to Plaintiff’s Inability to Apportion His Damages between Successive Accidents

Rehabilitation Center Found Not Responsible for Injuries Caused by Fall over Mattress on the Floor Due to it being an Open and Obvious Condition

Summary Judgment Denied to Casino for Injury Due to Slip and Fall on Liquid on Floor Spilled Only Four Minutes Prior to Fall

No Coverage Under Homeowners Policy for Injury Resulting From Punch to Jaw

Appellate Division Again Rules that Residential Landowners Not Liable for Injury Caused by Fall on Abutting Public Sidewalk

Court Refuses to Apply Mode of Operation Rule to Injury Claim Caused by Leaking Shampoo Bottle

Disclaimer of Coverage Upheld Due to Insured’s Failure to Comply with Notice Provision in Policy

Limitation Provision in Homeowner’s Insurance Policy Upheld by Court

Owner of Vehicle Found Not Liable for Intoxicated Driver’s Actions in Causing Auto Accident

Gas Station Owner Found Not Liable for Plaintiff’s Injury Resulting from Shooting on His Premises

Appellate Division Reverse $2 Million Verdict Due to Multiple Evidential Trial Rulings

Insured Can Be Convicted of Insurance Fraud Even if the Carrier Is not Induced by a False Statement to Pay a Damage Claim

Appellate Division Upholds Jury Verdict of $1 million for Auto Accident Causing Plaintiff to have Sustained 2 Herniated Discs

Trial Court Improperly Admitted Evidence of Defendant’s Other Accidents to Prove He Was Negligent in Causing Auto Accident

No Spoliation Found Due to Failure to Preserve Surveillance Video

State Farm’s Actions in Acknowledging Claim and Requesting Information Not Toll the Statute of Limitations

Business Owner Found Not Liable for Failure to Have Functioning Surveillance Camera to Protect Patron from Theft

Court May Approve Sale of a Structured Settlement if in the Best Interest of the Payee

Employer May Sue for Disgorgement of Employee’s Compensation Due to Breach of Duty of Loyalty Despite Lack of Economic Loss

Based Upon Indemnification Agreement Between Defendant Contractor and Employer, Jury Should Have Been Allowed to Allocate Negligence Against Employer

Subpoena Rule Change Simplifies Process to Issue NJ Subpoena for Out-of-State Case

Kmart Entitled to Indemnification from Landlord from Injury Due to Fall on Common Sidewalk

Plaintiff in Federal Court Lawsuit Need Not Affirmatively Allege the Citizenship of Each Member of an LLC in Order to Plead Diversity Jurisdiction

Without an Assignment from the Insured, Plaintiffs Are Unable to Sue Their Neighbor’s Homeowner’s Carriers Directly for Bad Faith

Court Not Required to Charge Comparative Negligence Where No Evidence that Subcontractor’s Employee Acted Unreasonably

Supreme Court Reaffirms that Mode of Operation Rule of Limited Application

No Bad Faith Found Against Carrier for Settling Multiple Claims for Policy Limits Even Though Potential Additional Claim Existed

Insured May Assign Claim Under Policy After Loss Occurs

Defendant Not Required to Produce Surveillance Video of Plaintiff until after Her Deposition

Court Rejects Requirement for Defendant to Pay Flat Fee to Plaintiff’s Doctor for Deposition Testimony

Insurer Liable to Innocent Third Party on a Basic Insurance Policy Rescinded Due to Fraud, But Only to the Extent of the Minimum Agreed Upon Policy Limits

Defendant in a Private Claim Filed under the Insurance Fraud Prevention Act Found Entitled to a Jury Trial

Homeowner’s Association Found Liable for Injuries from Fall on Private Sidewalk owned by Association

Developer’s Commercial Liability Policy Covers Consequential Damages of Subcontractor’s Work

Second Lawsuit Regarding Same Automobile Accident Barred by the Entire Controversy Doctrine

No Coverage for Mold Under Homeowners’ Policy

Presumed Damages in a Defamation Suit Are Unavailable if Actual Damages Are Ascertainable

Third Party Unable to File Suit Against Insurance Company without Assignment of Rights

Statute of Repose Does Not Bar State’s Claim Arising Out of Failure of Hot Water System Installed as Part of Multi-Phase Project

Significant New Jersey Liability Litigation Cases December 2014 to June 2015

Bowling Alley Found Not Liable for Injury Caused Due to Fall from Wet Substance on Floor

Discovery on Bad Faith Claim Should Be Stayed Until the Underlying UIM Claim is Decided

Mortgage Company Held Not Liable to Injured Plaintiff Who Fell on Sidewalk in Front of Foreclosed Apartment Building

Be Prepared… Amtrak Train 188 Derailment

Third Party Beneficiary of Insurance Policy Who Prevailed in Declaratory Judgment Action Against Insurance Carrier is Entitled to Award of Attorneys Fees

Counsel Fee Award Denied When not Preserved in High-Low Agreement

Residential Property Owners Found Not Liable for Dangerous Sidewalk Condition Created by Neighbors’ Sump Pump

Walmart Found Not Liable for Bodily Injury Caused by Unattended Shopping Cart

Owner-Occupier of Three Family Home Found Not Liable for Personal Injury Claim from Sidewalk Slip and Fall

Restaurant Found Not Liable for Patron Whose Face was Burned by Leaning over Sizzling Plate of Food

Expert Witness May Not Be Questioned About Whether His Findings Are Consistent With Report of Non-Testifying Expert

Civil Reservation for Guilty Plea of Traffic Violation in Municipal Court Must be Asserted at Time of Plea

Landlord Found Not Liable for Tenant Injury Due to Fall on Wet Grass

NJ Supreme Court Rules that Expert’s Report Properly Barred as Net Opinion Because Contradicted by Facts in Record

Trial Court Erred in Refusing to Consolidate Plaintiff’s Lawsuits from Two Different Accidents

Owner of Vacation Home May be Liable to Renter for Fall on Stairwell Even if Design Complied with Construction Codes

Minor Defendant Found to Have Breached No Duty to Minor Plaintiff in Sports Related Injury

Don’t Forget to Negotiate the Nonmonetary Terms of Your Settlement Before You Reach a Final Settlement

Doctrine of Res Ipsa Loquitor Saves Plaintiff’s Case from Dismissal

No Legal Duty Owed by Fraternity to Plaintiff Who Was Shot While Attending Fraternity Party

Mode of Operation Rule Does Not Apply to Fall Due to Milk Leaking from Milk Carton at Checkout Aisle

No Right of Appeal from Trial Court’s Order Arising under APDRA as to PIP Claim

HIPAA Authorizations Now Required to be Served with Plaintiff’s Answers to Interrogatories

Charitable Immunity Broadly Applied to Bar Personal Injury Claim of Plaintiff

Court Finds Homeowners May Be Covered for Collapsed Basement Wall Allegedly Caused by Hidden Decay

Foreign Corporation Which Loses Its Certificate of Authority To Transact Business in NJ May Not File Suit to Enforce Claims

New Jersey Cannot Transfer Case to Pennsylvania Due to Lack of Personal Jurisdiction

Limitations Period in Fire Policy Upheld

No Personal Jurisdiction Found for India Company that Sold Machine Causing Plaintiff’s Injury

Mode-of-Operation Doctrine Applies for Fall at Mall Due to Liquid from a Beverage

Landlord Found Not to Have Breached Any Duty to Guest of Tenant in Failing to Provide Adequate Security

Insurer Not Liable for Attorneys Fees for Failure to Pay Homeowners’ Insurance Claim

Insurance Carrier Not Permitted to Vacate Default Against Insured Entered Two Years After Notified of Lawsuit

Parents Not Entitled to Pursue Claim for Loss of Consortium of Minor Child Injured in Escalator Accident

Adequate Expert Report Needed To Establish Defect in Sidewalk for Bodily Injury Claim Against Homeowner

Insurance Carrier Not Estopped From Denying Homeowners’ Claim

No Punitive Damages May be Awarded Against an Estate for Dog Bite Claim against Deceased Defendant

Survival of One Claim in Lawsuit Does Not Negate Award of Attorney Fees under Frivolous Lawsuit Statute

Third Circuit Rejects Argument That Plaintiff Was Not Required to Reimburse Medicare for Medical Expenses Incurred for Accident

Plaintiff’s Inability to Apportion Damages between Two Successive Accidents Does Not Bar His Claims

Appraisal Provision in Property Coverage Policy Not Equivalent to Arbitration Agreement

Driver of Minivan Used as School Bus Entitled to PIP Benefits

Judge’s Failure to Ask Any Open-Ended Questions in Voir Dire Merited Reversal of No Cause Verdict

Court Holds Improper to Cross-Examine a Witness on Police Report not Offered into Evidence

Claim under Insurance Policy Denied Due to Failure to Give Notice as Soon as Practicable

No Loading And Unloading Coverage Found for Owner of Premises for Accident Caused by Defect in Loading Dock

Plaintiff’s Parking Lot Defect Claim Dismissed

Plaintiff Found to Have Met Portee Observation Standard for Emotional Distress in Son’s Injury

Playing Drums May Constitute Actionable Nuisance

Homeowner Found To Have No Liability For Slip On Diving Board

Insurance Carrier’s Reservation of Rights Found Sufficient To Permit Later Disclaimer

No Jurisdictional Discovery Permitted by Federal Court to Establish Diversity for Insurance LLC Defendants

No Duty To Warn for Open and Obvious Condition

Skidding of Automobile Does Not Give Rise to Inference of Negligence

Entire Controversy Doctrine Does Not Bar Subsequent Products Liability Suit

Expert Needed to Prove Liability for Slip and Fall

Settling Defendant Not Entitled to Pursue Cross-Claim for Contribution

Spoliation Claim May Be Pursued Against Defendant Homeowner

Payment of Insurance Settlement by Carrier Does Not Entitle Insured to Attorneys Fees

Mode of Operation Rule Found Not Applicable to Fall at KFC

Why You Should Take an Offer of Judgment Seriously

Frustration of Purpose Valid Defense in NJ Contract Action

Condo Association No Liability for Fall on Interior Sidewalk

No Duty Owed by Private Utility to Remove Dead Tree

No NJ Jurisdiction Found for Illinois Employee