Personal Injury Law: In A Case of Preexisting Injury, A Plaintiff Is Required to Prove Exacerbation

In Sim Hwang v. Saune Gordon Docket No.: A-3434-19 Decided January 14, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reversed a dismissal of plaintiff’s complaint on summary judgment for an alleged failure to plead exacerbation and then provide evidence of the exacerbation. In Hwang., Plaintiff…

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Defendant Appealed the Denial of His Motion for Attorney Fees and Sanctions in Action Arising from An Automobile Accident

Liberty Mutual v. David Doivilus Docket No.: A-4635-19 Decided December 7, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed a trial court’s denial of sanctions sought by defendant after plaintiff unsuccessfully sought presuit preservation of discovery following a crash. In Doivilus, on the morning of…

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Trampoline Park Releases Are Typically Legitimate, Unless They Are Deemed Unclear (Ambiguous) Or Completely Unfair (Unconscionable)

David Johnson v. Sky Zone Indoor Trampoline Park Docket No.: A-2489-20 Decided December 6, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed the legitimacy of an arbitration clause contained in an electronic document signed as a condition of entering a trampoline park. In Johnson v.…

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Liability of a Slip and Fall, the Business or Landowner Must Have Had Some Kind of Notice That a Dangerous Condition Existed

Lillianthal v. Dunkin Donuts Docket No.: A-3613-19 Decided November 3, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether Dunkin Donuts was liable to plaintiff after she allegedly slipped and fell after stepping a green substance on the floor and then a napkin, casing injury.…

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Dog Bites in Most Circumstances Come with Strict Liability

Bonay Goldhagen v. Susan Pasmowitz Docket No.: A-17-20 Decided August 5, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent decision, the Supreme Court of New Jersey reviewed whether plaintiff was strictly liable for a dog bite when plaintiff warned defendant, a kennel worker, that the dog had bit her son before.…

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Drivers must now move over when passing people walking and on bikes

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark A long-sought goal of advocates finally happened Thursday when Gov. Phil Murphy signed the state’s first law requiring drivers to safely pass people on bikes, scooters and pedestrians who are using the roads. Murphy signed the law Thursday, that allows New Jersey to catch up to 42…

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Slip And Fall Injury on Ice in An Area of a Driveway That Led from A Public Street to A Parking Lot

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0947-19 JEANNIE GREENSTEIN and JON GREENSTEIN, her spouse, Plaintiffs-Appellants, v. FORSGATE INDUSTRIAL COMPLEX a/k/a FORSGATE INDUSTRIAL COMPLEX, LP, FORSGATE VENTURES XI, LLC, SAMSUNG SDS AMERICA, INC., and JENI LLC a/k/a JENI LLC NJ LTD, Defendants, and AMAZON.COM.DEDC, LLC, and BERGEN OUTDOORS, INC. t/a BERGEN LANDSCAPING, Defendants-Respondents.…

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