Posts Tagged ‘slip and fall’
Indemnity Clauses and Subcontracted Defendants
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Let’s say you slip and fall walking to your car on a sidewalk belonging to Target because there was ice all over and nobody cleared it or bothered to put down salt. If you sustain injuries who do you sue? Most people would answer Target. That could…
Read MorePersonal Injury Case from Wheelchair Accident – Ramirez v. Matawan Borough
Submitted by personal injury attorney, Jeffrey Hark. 36-2-4735 Ramirez v. Matawan Borough, App. Div. (per curiam) (7 pp.) Plaintiff Natasha Ramirez, an incapacitated person, through her guardian Chiara Zannino, appeals the Law Division order denying her motion for leave to file a late notice of claim pursuant to the New Jersey Tort Claims Act (TCA)…
Read MoreLate Notice of Claim | New Jersey Torts | Personal Injury
36-2-4170 Bass v. County of Middlesex, App. Div. (per curiam) (9 pp.) Submitted by New Jersey Personal Injury Attorney, Jeffrey Hark Plaintiff Dion Bass appeals from the Law Division’s order that denied his motion for leave to file a late notice of claim pursuant to the New Jersey Tort Claims Act (TCA), against defendant, the…
Read MoreFalling Does Not Speak for Itself When it comes to Negligence
Submitted by Personal Injury Lawyer, Jeffrey Hark. Ortiz v. Bernal, decided June 2, 2014 by the Superior Court of New Jersey, Appellate Division, is a good opportunity for this blog to review some principles of tort cases, specifically slip-and-fall cases. In this case Ortiz, who had slipped and fallen at the Elegante Cafe in Camden,…
Read MoreSlip and Falls: Clumsy Patron or Negligent Shopkeeper?
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark A slip-and-fall is the classic personal injury scenario. A customer walks into a restaurant, doesn’t see a wet spot on the floor and hurts themselves. That is exactly what happened in Prioleau v. Kentucky Fried Chicken, Inc., et al. which was decided by the Superior Court…
Read MoreSidewalk Liability: Slip and Fall | New Jersey Personal Injury
Submitted by New Jersey personal injury attorney, Jeffrey Hark Bell v. Turiello, App. Div. (per curiam) (15 pp.) Plaintiff was working as a mail carrier when she tripped and fell on the public sidewalk in front of defendants’ two-family home. She broke her ankle and injured her foot. She sued defendant-property owners alleging that their…
Read MoreNursing Home Accidents and the Importance of Expert Witness Testimony
22-2-2532 Estate Of Frankie L. Garner v. Senior Care Centers Of America, Inc.,App. Div. (per curiam) (4 pp.) Defendant Senior Care Centers of America, Inc. operates an adult care facility. Garner, who was then eighty-four years old, was being cared for in the facility when she stood up and then abruptly sat back down, either…
Read MoreSlip and Fall – Plaintiff's Responsibility to Produce Evidence of the Actual Location
Trompeter v. Hilton Parsippany, Dist. Ct. In a recent line of cases the New Jersey Appellate has reiterated and reaffirmed the plaintiff’s responsibility to produce evidence of the actual location where s/he has called and the nature of the defect that has called them to call. In addition, if expert testimony is required to prove the causal relationship between the defective condition, the defendant’s…
Read MoreNet Opinion and Inadmissable Expert Testimony – Slip and Fall Case
Arroyo v. Durling Realty, L.L.C., App. Div. (Sabatino, J.A.D.) (October 23, 2013) In this slip and fall case the plaintiff offered an expert report and testimony which the appellate court found the trial court properly rejected as a NET OPINION because the expert merely provided a personal opinion of criticisms of defendant’s maintenance and trash-removal…
Read MoreBurden of Proof in Slip and Fall Injury Cases
36-2-1651 Osborn v. Walgreens Pharmacy, App. Div. (per curiam) (4 pp.) In this slip and fall case the Appellate court reiterated a very simple legal theory of all slip and fall cases. The plaintiff has to be able to identify, i.e. carry her burden of legally sustainable proof, of: (a) what caused her to fall, and (b) that defendant had actual…
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