Heads up! Plaintiff sued and alleged negligence after she suffered a concussion when an errant soccer ball hit her. Plaintiff based the claim on a coach's failure to supervise and oversee their players properly. Defendants filed a motion for summary judgment, which the trial court granted. The New Jersey Appellate…
Heads up! Plaintiff sued and alleged negligence after she suffered a concussion when an errant soccer ball hit her. Plaintiff based the claim on a coach’s failure to supervise and oversee their players properly. Defendants filed a motion for summary judgment, which the trial court granted. The New Jersey Appellate reversed and ruled that the… Continue reading Dennehy v. East Windsor Reg’l Bd. of Educ.
Van Divner sued Sweger and Progressive Insurance Co. after a car accident. The trial court granted Progressive’s preliminary objections and transferred venue per its interpretation of the forum selection clause in Van Divner’s auto insurance policy. The Pennsylvania Superior Court reversed, finding that the trial court erroneously construed the forum selection clause in the policy.
This third-party automobile negligence appeal required the New Jersey Appellate Division to determine whether the defendant’s inability to obtain contribution under the Joint Tortfeasors Contribution Law from the plaintiff’s uninsured motorist (UM) insurance carrier precluded the plaintiff’s right under the Comparative Negligence Act (CNA) to full recovery of the verdict. The Court held that the… Continue reading Carbajal v. Patel
In Jeffrey v. State, the plaintiff appealed from the order denying his motion for leave to file a late notice of claim pursuant to the New Jersey Tort Claims Act. The plaintiff argued the motion judge abused his discretion when he found the plaintiff did not engage in the necessary due diligence to discover the… Continue reading Jeffrey v. State
In September 2016, Defendant Trend Motors, Ltd. (Trend) provided Defendant Aquilar with a loaner vehicle for her personal use while her vehicle was serviced. Aquilar’s negligent operation of the loaner vehicle caused it to strike Plaintiff Huggins’s car. As a result, Plaintiff sustained serious injuries. Trend held a garage policy with Federal Insurance Company (Federal)… Continue reading Huggins v. Aquilar
In Hassan v. Williams, the New Jersey Appellate Division issued a must-read opinion, which touched on several evidentiary issues. The Court reviewed a defense-favorable verdict after a rear-end crash involving two commercial trucks. At the trial, the plaintiff sought to introduce testimony from the defendant’s deposition in which he said that rear-ending someone “automatically makes… Continue reading Hassan v. Williams
The consolidated appeals in Spencer v. Johnson arose out of an auto accident in West Philadelphia. A labor union owned the car, and the union provided the car to one of its employees. That employee’s husband was driving when he struck a pedestrian, causing the injuries at issue in this case. The driver, his wife,… Continue reading Spencer v. Johnson
In Hangey v. Husqvarna Prof’l Products, Inc., the plaintiffs filed a complaint as a result of injuries sustained when Mr. Hangey was maimed when he fell off his lawnmower, and the lawnmower ran over his legs while the blades were still engaged. The trial court sustained the defendant’s preliminary objections to venue. In finding venue… Continue reading Hangey v. Husqvarna Prof’l Products, Inc.
In 2015, Mr. Virnelson fell to his death while working as an employee of Johnson Matthey Inc. (“JMI”) at JMI’s pharmaceutical plant in Conshohocken. Plaintiff Tonia Virnelson sued to recover for the death of her husband. The complaint alleged that JMI’s inadequate safety practices at the plant caused Virnelson’s death and that the pressure filter… Continue reading Virnelson v. Johnson Matthey Inc.
In Haviland v. Lourdes Med. Ctr. of Burlington Co., the plaintiff filed a one-count complaint, alleging he was injured during a shoulder exam at Lourdes. The plaintiff claimed Lourdes was vicariously liable for a technician’s negligent acts as Lourdes’s “agent, servant and/or employee”. The trial court granted Lourdes’s motion to dismiss based on the plaintiff’s… Continue reading Haviland v. Lourdes Med. Ctr. of Burlington Co., Inc.