Posts Tagged ‘torts’
TORTS | PREMISES LIABILITY | PERSONAL INJURY
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. 36-2-7498 Wierzbowski v. Sam’s East, Inc., App. Div. Issue: Did Sam’s Club Have Notice of a dangerous condition on their commercial property? Decision: Plaintiff failed to meet his evidentiary burden of proof at the Summary Judgement stage providing facts to support his claim regardless of the fact…
Read MorePersonal Injury at Little League Game | Torts
Submitted by personal injury attorney, Jeffrey Hark 36-2-5117 Brigante v. Tenafly Board of Education, App. Div. (per curiam) (10 pp.) In this Title 59 matter, plaintiff Linda Brigante appeals from the entry of summary judgment dismissing her complaint against defendant Tenafly Board of Education. Plaintiff went to Tenafly High School to watch her son’s baseball game. As she sat…
Read MoreRamon Soberal V. City of Millville Department of Parks & Public Property
Burden of Proof in Tort Claims – submitted by New Jersey Civil Law Attorney, Jeffrey Hark Ramon Soberal V. City of Millville Department of Parks & Public Property The subject matter of this blog is the burden of proof against a public entity under the New Jersey Tort Claims Act (Title 59). In this case…
Read MorePersonal Injury in Closed City Park
Submitted by personal injury lawyer, Jeffrey Hark Personal Injury and Summary Judgement 36-2-4472 Soberal v. City of Millville , App. Div. (per curiam) (10 pp.) Plaintiff filed this personal injury negligence action after he was injured when, while walking in a city park, his leg went into a hole that had been hidden by grass…
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 MorePaulsboro CSX Train Crash | Derailment Cases: Lord v. Consolidated Rail Corporation
36-7-2472 In re Paulsboro Derailment Cases, Lord v. Consolidated Rail Corporation, Dist. Ct. (Kugler, U.S.D.J.) (7 pp.) This case arises out of the November 30, 2012, derailment of a freight train and subsequent chemical spill in Paulsboro, New Jersey. Plaintiffs are adults and minors who allege that they suffered physical injuries as a result of…
Read MoreCredibility in Criminal and Civil Law
Plaintiff in the Federal Court case of Perri v. Resorts International Hotel, Inc., Dist. Ct., filed a motion for a new trial in this matter after a jury returned a small verdict only reflecting the past medical bills that were incurred as a result of an alleged claim for damages for injuries allegedly sustained when…
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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