The New Jersey Appellate Division Revisits the “Relation Back Doctrine”

On March 9, 2022, the New Jersey Appellate Division had occasion to address, reaffirm and further clarify New Jersey’s “Relation Back Doctrine.”  In the unpublished opinion Segal v. Recovery at the Crossroads v. Gitelis, 2022 WL 701907, the Appellate Division applied the Relation Back...

Defendant-Operator With Right-of-Way Wins Dismissal

Not every intersection accident is a ‘he said/she said’ toss up for the jury to decide. The First Department recently held that summary judgment dismissal was properly granted to the defendants, vehicle owner and operator, in an intersection accident where plaintiff’s vehicle was c...

A Trivial Defect Remains a Jury Question

Two recent trial court decisions highlight Pennsylvania’s premises liability law regarding trivial defects. Kreitzer v. Madison Acquisitions, LLC, PICS Case No. 20-0425 (C.P. Lawrence April 9, 2020) and Jenkins v. Krenitsky’s Supermarket Corp., PICS Case No. 20-0424 (C.P. Lackawanna A...

Recent Appellate Division Opinion Regarding Strict Liability

The Appellate Division on June 8, 2020 rendered an interesting as yet unpublished Opinion related to strict liability and exceptions thereto.  The matter is Goldhagen v. Pasmowitz, No. A-3430-18T4, 2020 WL 3041414 (App. Div. June 8, 2020). Plaintiff Bonay Goldhagen appealed an Orde...

Recent Appellate Division Opinion Regarding Spoliation Claim

The Appellate Division on November 27, 2019 rendered an unpublished Opinion on the issue of alleged spoliation of evidence.  The matter is Promise v. Khubani Enterprises, Inc., 2019 WL 6353644 (App. Div. Nov. 27, 2019). In July of 2014, Plaintiff Betty Promise was reportedly seated...
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