Posts Tagged ‘personal injury’
Injuries to students during school activity on school property in recreational sports cannot be found liable for simple negligence.
C.H., an infant, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Injuries to students during school activity on school property injuries in recreational sports, you cannot be found liable for simple negligence. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. On June 11, 2013, Plaintiff C.H. was injured during a student/teacher fundraiser basketball game on…
Read MoreTripoli v. Big Top Arcade Blog ! Experts Experts and More Experts!!! Did your attorney hire the right ones???
Superior Court Of New Jersey, Appellate Division Decided June 10, 2019 Joseph Tripodi and Denise Tripodi, v. Big Top Arcade/ Patricia Hershey Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Procedure: Plaintiffs appeal the trial court order granting defendants’ motion for summary judgment. Plaintiffs alleged, “they sustained severe permanent injuries including significant hearing loss.“…
Read MoreResidential Home Owner not required to maintain public sidewalk adjacent to their property
Colombo v. Estate of Serriano , N.J. Super. App. Div. (Fuentes, P.J.A.D.) (8 pp.) (Not approved for Publication Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Plaintiff appealed the dismissal of her slip and fall action. Plaintiff slipped and fell on snow and ice on the sidewalk in front of decedent’s single-family home. The trial…
Read MoreInjured in an auto accident? Fail to maintain medical expense benefits coverage and you may have no cause of action for recovery of economic recovery.
Any person who, at the time of an automobile accident resulting in injuries to that person, is required but fails to maintain medical expense benefits coverage mandated by [N.J.S.A. 39:6A-3.1, -3.3, or -4] shall have no cause of action for recovery of economic recovery. Hurtado v. Wilkins , N.J. Super. App. Div. (Not Approved for…
Read MoreWhy was my personal injury case dismissed by the judge ?
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Role v. Thaker, N.J. Super. App. Div. Decided March 18, 2019. In this personal injury matter plaintiff’s case was dismissed by the court when plaintiff failed to produce cop and incredible medical evidence to support his claim that his knee injuries were caused only related to…
Read MoreSlip and Fall Cases – Dismissed Again
Plaintiff injured party Could not sustain his burden of proof Submitted by Personal Injury Lawyer, Jeffrey Hark WILLY FRANKEL and JILLIAN FRANKEL, v. EDGEWATER MULTIPLEX CINEMAS, NATIONAL AMUSEMENTS, INC., Decided March 7, 2019 In this case, yet another plaintiff’s slip and fall personal injury action, was dismissed at the Summary Judgment Motion filed by defendant and affirmed…
Read MoreExpert Required: “whether any legal or proximate cause issue to be dealt with in a law suit is so esoteric that jurors of common judgment and experience cannot form a valid judgment as to whether the conduct of the [defendant] was reasonable.”
LUZ PEREZ, v. BERBICE PROPERTIES, LLC, Defendant-Respondent, and BERBICE PROPERTIES, LLC, v. CITY OF JERSEY CITY, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION (Unpublished Decision) Decided March 5, 2019 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. This case addresses an issue that will be coming up a great deal more as our world becomes more and more complicated!…
Read MoreSLIP AND FALL IN A MULTIPLE DWELLING UNIT DURING A SNOW AND ICE STORM
CURTIS MCCANTS and CLARINE MCCANTS, v. MACK KENNEDY, ANNETTE KENNEDY, and CLEVON MCCANTS, Decided February 28, 2019 APPELLATE REVIEW OF THE TRIAL JUDGE’S DECISION TO GRANT SUMMARY JUDGEMENT Submitted by Personal Injury Lawyer, Jeffrey Hark. In reviewing the grant or denial of summary judgment, we apply the same standard which governs the trial court under Rule 4:46-2(c). Perrelli…
Read MoreIs the defense doctor’s use of the words “symptom magnifier”, “somatization” and “malingerer” allowed in New Jersey personal injury actions after this decision?
Alexandra Rodriguez v. Wal-Mart Stores, Inc. (A-2/3-17) (079470) Argued September 13, 2018 — Decided March 4, 2019 (I am purposefully omitting the facts here because they are laid out in full in the decision that is also on this web page.) The primary issue that I will be addressing in this personal injury action is…
Read MoreHow do I prove I suffered a permanent injury by way of credible competent medical evidence during discovery or at the time of trial?
KRZAK, v. FASO, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Decided March 5, 2019 (Unreported Appellate Division Case) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. There are several serious issues in this case. The first and foremost is one of credibility and being prepared. What is credibility in the personal injury setting?? It is having your client…
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