Posts Tagged ‘personal injury’
Personal Injury and the Recklessness Standard Applied to Student Athlete Coach’s Alleged Acts and Omissions
Dennehy v. E. Windsor Reg’l Bd. of Educ. Docket No. A-36-21 Decided October 26, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent published opinion, the Supreme Court of New Jersey determined the standard of care that should apply to a coach’s decision to allow a high school field hockey team to…
Read MorePlaintiff Failed to Explain the Untimeliness of His Demand for Trial De Novo
Michael Torres v. T.U.C.S. Cleaning Serv. Docket No. A-0682-20 Decided September 19, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey affirmed the trial court’s ruling and reasoned that the plaintiff had failed to explain the untimeliness of his demand for trial…
Read MoreThe Tort Claims Act and The Requirements Necessary for Bringing Suit Against Public Employees and Public Entities
Derrick Foster v. Troy Frye Docket No.: A-1512-20 Decided July 25, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division overturned a dismissal of a personal injury complaint after plaintiff sued a police officer and the city of Newark for injuries sustained in a motor vehicle…
Read MorePlaintiff’s Complaint Was Almost Dismissed with Prejudice Because the Attorney Did Not Arrange for Plaintiff to Receive Adequate Treatment and Reporting
Jinu Krishnankutty v. Elliot Kolb Docket No.: A-3510-20 Decided July 8, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division overturned a dismissal of a personal injury complaint because the plaintiff’s expert report was sufficient to overcome summary judgment, albeit without clarity. In Krishnankutty v. Kolb,…
Read MoreMaria Pendonjis v. Fox & Roach Realtors
Maria Pendonjis v. Fox & Roach Realtors; FJ 23 LLC; Homestarr Realty; Arra Woodson; ABC, INC.; DEF, INC., John and Jane Does I-V, fictious defendants FJ 23, LLC, Third-Party Plaintiff and Defendant v. Arra Woodson; Homestarr Realty, Third-Party Defendants Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Decided June 2, 2022 Defendant Fox & Roach…
Read MoreTrampoline Park Injury Appeals: Opposite Conclusions on Arbitration Enforceability
Jacob Matullo v. Skyzone Trampoline Park Louie Perez v. Sky Zone LLC Docket No.: A-2813-20 A-1861-20 Decided May 16, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a pair of recent published decisions, the Appellate Division upheld an arbitration agreement for Sky Zone Trampoline Park in one case and found the same…
Read MoreLiability When a Non-Parent Signs a Release Waiver on a Child’s Behalf and There Is an Injury
Olivia Checchio v. Sky Zone Docket No.: A-3461-20 Decided February 15, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division reviewed the legitimacy of an arbitration clause after a non parent signed on a child’s behalf. In Checchio v. Sky Zone, in August 2018, fourteen-year-old Olivia Checchio…
Read MoreWhen A Child Is Injured, All Timelines Are Tolled Until They Reach the Age of Majority
Estate of Micah Samuel v. Pleasantville Board of Education Docket No.: A-4314-19 A-4451-19 Decided January 20, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark In a recent published decision, the Appellate Division of New Jersey allowed for a parent’s Tort Claims Notice for a Portee claim to be tolled along with the minor’s Tort…
Read MorePersonal 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…
Read MoreDefendant 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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