Plaintiff Must Prove Causation or Personal Injury Claim Will be Dismissed

June 6, 2017 |

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Robert Marquess v. Avalon Country Club, (App.Div. June 2, 2017) (10 pp.) A plaintiff’s slip and fall case was recently dismissed because he failed to prove the defendants’ negligence caused his injuries.  The Trial Court dismissed the plaintiff’s case on summary judgment.  The plaintiff appealed to…

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Proximate Cause in Dental Malpractice

November 3, 2014 |

Submitted by New Jersey Malpractice Attorney, Jeffrey Hark 29-2-4812 Demarco v. Katz, App. Div. (Fuentes, J.A.D.) (16 pp.) In this case the appellate division reviews the trial court’s retain of a ‘hybrid’ jury charge addressing proximate cause.  The issue was whether a dentist’s negligence was the “substantial factor in bringing about the resulting injury.” The court found no discernible error with the…

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