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 In a recent unpublished decision, the New Jersey Appellate Division overturned a trial court’s dismissal of plaintiff’s slip and fall personal injury complaint by failing to extend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…

Personal Injury Case Involving Product Liability – Potentially Faulty Seatbelt

September 2, 2020

Reznik v. American Honda Motor Company Docket No.: A-5358-17T2 Decided September 1, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division considered whether failure to timely produce a liability expert report was appropriate grounds for granted defendant’s summary judgment motion and ultimately dismissing plaintiff’s product’s liability…

Does an Assault and Battery Exception Apply to Negligence in Allowing Assault and Battery to Occur?

August 26, 2020

Estate of Pickett v. Moore’s Lounge Docket No.: A-2230-17T2 Decided August 25, 2020 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division considered whether a tavern’s assault and battery exception applied to the tavern’s alleged negligence in allowing assault and battery to occur. In Pickett, Plaintiff, Pickett and…

Can a Complaint Be Filed for Personal Injury if the Plaintiff Dies Prior to Filing the Lawsuit?

August 14, 2020

Repko v. Our Lady of Lourdes Docket No.: A-2181-19T1 Decided August 13, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division considered whether a complaint filed for personal injury could be amended by the estate although the plaintiff originally bringing the complaint had died prior the…

Slip and Fall Injury from Wet Steps at Harrah’s Casino

July 10, 2020

Crook v. Harrah’s Docket No.: A-2530-18T1 Decided July 9, 2020 Submitted by New Jersey Slip and Fall Lawyer, Jeffrey Hark In a recent unpublished decision, the Appellate Division considered whether a landlord was required to perform criminal background checks on tenants to promote the safety of other tenants. In Crook, Plaintiff, an employee of a…

Slip and Fall Injury: Landlord and Non-Delegable Duty to Remove Snow and Ice

May 29, 2020

Shields v. Ramslee Motors Docket No.: A-53 Decided January 23 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent decision, the Supreme Court of New Jersey considered the issue of a slip and fall on ice and whether the landlord of the property had a non-delegable duty to remove the snow…

Landlord / Tenant Slip and Fall On Ice, Who is Responsible for Removal?

May 29, 2020

Underhill v. Borough of Caldwell Docket No.: A-1800-18T4 Decided and Approved for Publication May 21, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent decision approved for publication, the Appellate Division considered the issue of a slip and fall on ice and whether the landlord of the property had a non-delegable…

Residential Home Owner not required to maintain public sidewalk adjacent to their property

May 22, 2019

Colombo v. Estate of Serriano , N.J. Super. App. Div. (Fuentes, P.J.A.D.) (8 pp.) (Not approved for Publication Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Plaintiff appealed the dismissal of her slip and fall action. Plaintiff slipped and fell on snow and ice on the sidewalk in front of decedent’s single-family home. The trial…

What is a reasonable amount of time for a commercial landowner to remove a hazardous condition during a weather event?

May 12, 2019

Abdalla v. Threegees, N.J. Super. App. Div. (Not Approed for Publication)  Plaintiff appealed the dismissal of his slip-and-fall complaint. The court agreed with the motion judge because it was still raining when plaintiff fell and defendant’s reasonable period to treat the sidewalk began at the conclusion of the precipitation. What is a reasonable amount of…

“commercial property owners are not liable for clearing snow during a snowstorm”

May 3, 2019

Dixon v. HC Equities Assoc., LP , N.J. Super. App. Div. Decidied May 2, 2019. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. The issue in this case is what constitutes reasonable efforts by a land owner to remove snow during or after it stops snowing. The Facts: After leaving work on March 3, 2015,…