For Motor Vehicle Accidents, UIM Coverage May Be Available If the UIM Policy Exceeds That of The Other Driver, Known as The Tort Feasor.

March 26, 2021

Wilson v. Ortiz-Ponce Docket No.: A-0316-19 Decided March 25, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division ruled a plaintiff cannot collect on her $100,000 Underinsured Motorist Coverage (UIM) when the defendant’s $100,000 had to be split with multiple injured plaintiff’s. In Wilson, plaintiff Shirley Wilson’s…

Insurance Is the Best Way, And Sometimes the Only Way, To Recover Monetary Damages for Personal Injury

March 23, 2021

Rana v. Allstate Docket No.: A-4305-18 Decided March 22, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed a jury’s dismissal of plaintiff’s complaint for failure to demonstrate a permanent injury even though her doctor recommended surgery. In Rana, Plaintiff was involved in an automobile accident…

If A Defendant Creates the Hazard That Caused Your Injury, They Will Usually Be Liable for Damages

March 19, 2021

Seeley v. Caesars Entertainment Docket No.: A-2125-19 Decided March 18, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reversed the trial court on the issue of whether a wet bathroom floor causing a slip and fall and injury to the plaintiff was the fault of the…

Defendants Must Be Aware of The Dangerous Condition or They Most Likely Will Not Be Held Liable for A Slip and Fall Injury

March 18, 2021

Donatucci v. Altanticare Health Services Docket No.: A-1894-19 Decided March 17, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reversed the trial court’s dismissal of plaintiff’s complaint when he slipped and fell on a broken piece of sidewalk outside the facility and an employee had mentioned…

Does Driving A Car While the Owner Is Away Allow for Liability Coverage After an Accident?

March 5, 2021

Rodnea Coleman v. Sheavonra Adderley, et al. Docket No.: A-2104-18 Decided March 4, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reversed the trial court on the issue of whether someone driving a car that was left at their house while the owner was away constituted…

Appellate Court Overturned Dismissal of Plaintiff’s Slip and Fall Personal Injury Complaint

March 3, 2021

Quinisha White v. City of New Brunswick Docket No. A-1111-19 Decided March 2, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the New Jersey Appellate Division overturned a trial court’s dismissal of plaintiff’s slip and fall personal injury complaint by failing to extend commercial liability to a sidewalk and…

NJ TRANSIT SUBJECT TO COMMON CARRIER LIABILITY

February 18, 2021

Anasia Maison v. New Jersey Transit Corporation A-34/35-19 Decided February 17, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent decision, the New Jersey Supreme Court reviewed whether public common carriers such as NJ Transit is subject to the heightened duty of care standard governing private common carriers for personal injury suits.…

Deposition of Personal Injury Experts Only Requires Reasonable Fees

December 11, 2020

Jusino v. Lapenta, 442 N.J. Super. 248 (N.J. Super. Law. Div. 2014) December 10, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a published decision, Judge James Savio, J.S.C., issued a decision regarding fees experts can charge the party taking their deposition in personal injury matters. In Jusino, plaintiff was operating a…

Expert Reports Must Be Based on Facts Contained in the Record and Must Fall Within the Scope of The Expert’s Criteria

October 22, 2020

Salasevicius v. Cariddi Docket No.: A-4961-18T4 Decided October 21, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed a trial court’s dismissal of plaintiff’s personal injury complaint where he fell off a ladder working on defendant’s home, as he had failed to prove what caused the…

Personal Injury Case Regarding Overpass Low Clearance and Signage Immunity

October 2, 2020

Koehler v. Smith Docket No.: A-2414-18T4 Decided October 1, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division considered whether a private contractor was subject to traffic sign immunity when a bucket truck boom struck a low underpass that lacked low clearance signage causing injury to…