Slip and Fall – Broken Leg at Children’s Birthday Party

Osie-Amoake v. Staffers FEC This is a very straightforward slip and fall case when the plaintiff fractured her leg at her son’s four-year-old birthday party. The plaintiff and her family went to the “Foam Frenzy” amusement attraction at a FunPlex owned by defendants. Defendant asked the court, on summary judgment to dismiss the case because…

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Slip and Fall Primern – Osie-Amoake v. Staffers FEC

Submitted by New Jersey Slip and Fall Lawyer, Jeffrey Hark. Appellate review of a ruling on a motion for summary judgment is de novo, applying the same standard governing the trial court. Davis v. Brickman Landscaping, Ltd., 219 N.J. 395, 405 (2014). Thus, we consider, as the motion judge did, “whether the competent evidential materials…

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What can you say in a car accident closing?

Are you able to make reference to an insurance company? Can you even use the word insurance? How far can your attorney push? Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In this case the jury returned a $336,000 verdict against the defendant in a personal injury car accident case. The defense attorney arguing…

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If I am Injured in my Apartment, is my Landlord Legally Responsible?

Have you been injured in an apartment you are renting? Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark What is the landlord responsible for if you were injured in the apartment. In this case the plaintiff was sitting on the porch when a piece of wood from a porch ceiling fell causing injury. The…

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Have you slipped and fallen at a commercial tenants property?

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark Commercial slip and fall are very difficult cases and need a lot of preparation in order to be successful. In this day and age there are videos located almost at every turn in every supermarket or commercial promises and manage rented least or maintain by nationwide…

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Why Did My Expert’s Opinion Cause My Case to Be Dismissed?

31-2-3476 DiGiovanni v. Saker Shop Rites, Inc., N.J. Super. App. Div. (per curiam) (21 pp.) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Experts are used quite often in both civil and criminal cases.  When scientific, technical, or other specialized knowledge falls outside the common knowledge of an average juror or even judge, an…

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Do Gym Waivers Actually Mean Anything?

31-2-3451 Torres v. Krank, LLC, N.J. Super. App. Div. (per curiam) (9 pp.) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. At some point, everyone has signed some kind of waiver and release form.  Often times these forms are used at gyms, recreational associations, etc. These waivers can be enforced if the right language…

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Residential Owners Owe No Duty to Clean Sidewalk of Snow and Ice

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. 31-2-3452 Valentine v. Almanzar, N.J. Super. App. Div. (per curiam) (9 pp.) In New Jersey, residential owners do not have a legal duty to clear snow or ice from a public sidewalk, and the failure to do so does not expose them to tort liability.  However,…

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Power Walkers: Beware of Sidewalk

Submitted by New Jersey Slip and Fall Lawyer, Jeffrey Hark. 31-2-3413 Buehler v. Twp. of Montclair, N.J. Super. App. Div. (per curiam) (7 pp.) For all of those who enjoy exercising on your neighborhood sidewalk, this case is for you.  We’ve all seen uneven sidewalk before, but if you trip on it, can you hold…

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