Personal Injury
Trampoline Park Injury Appeals: Opposite Conclusions on Arbitration Enforceability
Jacob Matullo v. Skyzone Trampoline Park Louie Perez v. Sky Zone LLC Docket No.: A-2813-20 A-1861-20 Decided May 16, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a pair of recent published decisions, the Appellate Division upheld an arbitration agreement for Sky Zone Trampoline Park in one case and found the same…
Read MoreLiability When a Non-Parent Signs a Release Waiver on a Child’s Behalf and There Is an Injury
Olivia Checchio v. Sky Zone Docket No.: A-3461-20 Decided February 15, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed the legitimacy of an arbitration clause after a non parent signed on a child’s behalf. In Checchio v. Sky Zone, in August 2018, fourteen-year-old Olivia Checchio…
Read MoreWhen A Child Is Injured, All Timelines Are Tolled Until They Reach the Age of Majority
Estate of Micah Samuel v. Pleasantville Board of Education Docket No.: A-4314-19 A-4451-19 Decided January 20, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division of New Jersey allowed for a parent’s Tort Claims Notice for a Portee claim to be tolled along with the minor’s Tort…
Read MorePersonal Injury Law: In A Case of Preexisting Injury, A Plaintiff Is Required to Prove Exacerbation
In Sim Hwang v. Saune Gordon Docket No.: A-3434-19 Decided January 14, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reversed a dismissal of plaintiff’s complaint on summary judgment for an alleged failure to plead exacerbation and then provide evidence of the exacerbation. In Hwang., Plaintiff…
Read MoreDefendant Appealed the Denial of His Motion for Attorney Fees and Sanctions in Action Arising from An Automobile Accident
Liberty Mutual v. David Doivilus Docket No.: A-4635-19 Decided December 7, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed a trial court’s denial of sanctions sought by defendant after plaintiff unsuccessfully sought presuit preservation of discovery following a crash. In Doivilus, on the morning of…
Read MoreTrampoline Park Releases Are Typically Legitimate, Unless They Are Deemed Unclear (Ambiguous) Or Completely Unfair (Unconscionable)
David Johnson v. Sky Zone Indoor Trampoline Park Docket No.: A-2489-20 Decided December 6, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed the legitimacy of an arbitration clause contained in an electronic document signed as a condition of entering a trampoline park. In Johnson v.…
Read MoreLiability of a Slip and Fall, the Business or Landowner Must Have Had Some Kind of Notice That a Dangerous Condition Existed
Lillianthal v. Dunkin Donuts Docket No.: A-3613-19 Decided November 3, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether Dunkin Donuts was liable to plaintiff after she allegedly slipped and fell after stepping a green substance on the floor and then a napkin, casing injury.…
Read MoreDog Bites in Most Circumstances Come with Strict Liability
Bonay Goldhagen v. Susan Pasmowitz Docket No.: A-17-20 Decided August 5, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey reviewed whether plaintiff was strictly liable for a dog bite when plaintiff warned defendant, a kennel worker, that the dog had bit her son before.…
Read MoreDrivers must now move over when passing people walking and on bikes
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark A long-sought goal of advocates finally happened Thursday when Gov. Phil Murphy signed the state’s first law requiring drivers to safely pass people on bikes, scooters and pedestrians who are using the roads. Murphy signed the law Thursday, that allows New Jersey to catch up to 42…
Read MoreSlip And Fall Injury on Ice in An Area of a Driveway That Led from A Public Street to A Parking Lot
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0947-19 JEANNIE GREENSTEIN and JON GREENSTEIN, her spouse, Plaintiffs-Appellants, v. FORSGATE INDUSTRIAL COMPLEX a/k/a FORSGATE INDUSTRIAL COMPLEX, LP, FORSGATE VENTURES XI, LLC, SAMSUNG SDS AMERICA, INC., and JENI LLC a/k/a JENI LLC NJ LTD, Defendants, and AMAZON.COM.DEDC, LLC, and BERGEN OUTDOORS, INC. t/a BERGEN LANDSCAPING, Defendants-Respondents.…
Read More