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No.: A-3613-19 Decided November 3, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed whether Dunkin Donuts was liable to plaintiff after she allegedly slipped and fell after stepping a green substance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

Read More

Rule 1:1-2 Is Used When an Attorney Makes a Mistake for a Client

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3903-19 ALTON NICHOLS, Plaintiff-Respondent, v. DUKE LINDEN, LLC, DUKE REALTY LIMITED PARTNERSHIP, DUKE REALTY CORPORATION, BRIGHTVIEW LANDSCAPES, LLC, and CARUSO LANDSCAPING,   Defendants-Appellants, and WAYFAIR, LLC, and WAYFAIR, INC., Defendants, and BRIGHTVIEW LANDSCAPING, LLC, Defendant/Third-Party Plaintiff, v. CARUSO LANDSCAPING and INTERNATIONAL INSURANCE COMPANY OF HANNOVER,  …

Read More

Deposition of Personal Injury Experts Only Requires Reasonable Fees

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…

Read More

Injuries to students during school activity on school property in recreational sports cannot be found liable for simple negligence.

C.H., an infant, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Injuries to students during school activity on school property injuries in recreational sports, you cannot be found liable for simple negligence. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. On June 11, 2013, Plaintiff C.H. was injured during a student/teacher fundraiser basketball game on…

Read More

A person has “reason to know” when he or she “has information from which a person of reasonable intelligence or of the superior intelligence of the actor would infer that the fact in question exists, or that such person would govern

The key to this case is the excellent development of the circumstantial and attendant facts surrounding the access to the worksite, and its proximity to public access, together with the deposition of numerous construction employees and the safety literature/materials of the company contracted to perform the work.  It is an excellent read of the meticulous…

Read More

Why was my personal injury case dismissed by the judge ?

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Role v. Thaker, N.J. Super. App. Div. Decided March 18, 2019.   In this personal injury matter plaintiff’s case was dismissed by the court when plaintiff failed to produce cop and incredible medical evidence to support his claim that his knee injuries were caused only related to…

Read More

Slip and Fall Cases – Dismissed Again

Plaintiff injured party Could not sustain his burden of proof Submitted by Personal Injury Lawyer, Jeffrey Hark WILLY FRANKEL and JILLIAN FRANKEL,  v. EDGEWATER MULTIPLEX CINEMAS, NATIONAL AMUSEMENTS, INC., Decided March 7, 2019 In this case, yet another plaintiff’s slip and fall personal injury action, was dismissed at the Summary Judgment Motion filed by defendant and affirmed…

Read More

Expert Required: “whether any legal or proximate cause issue to be dealt with in a law suit is so esoteric that jurors of common judgment and experience cannot form a valid judgment as to whether the conduct of the [defendant] was reasonable.”

LUZ PEREZ,  v. BERBICE PROPERTIES, LLC, Defendant-Respondent, and BERBICE PROPERTIES, LLC, v.  CITY OF JERSEY CITY, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION  (Unpublished Decision) Decided March 5, 2019 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. This case addresses an issue that will be coming up a great deal more as our world becomes more and more complicated!…

Read More