Posts Tagged ‘summary judgment’
Court Upholds Summary Judgment in Nayith Cantillo v. Veronica Lizano-Valerio – Dec 20, 2023
Nayith Cantillo v. Veronica Lizano-Valerio Docket No. A-2317-21 Decided December 20, 2023 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished opinion, the Appellate Court of New Jersey decided plaintiff’s appeal from a Law Division order granting summary judgment to defendant and dismissing plaintiff’s complaint, as well as a March 2022 order…
Read MoreFritzy Rivera v. Cherry Hill Towers, LLC.: Liability of Property Managers in Personal Injury Cases
Fritzy Rivera v. Cherry Hill Towers, LLC. Docket No. A-2394-21 Decided December 12, 2022 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent published opinion, the Appellate Court of New Jersey decided defendant’s appeal from an order denying the property manager, Vikco’s, motion for summary judgment to dismiss plaintiff’s complaint. Cherry Hill Towers…
Read MorePersonal Injury Complaint Dismissed Because the Plaintiff’s Expert Report May Have Been Sufficient to Overcome Summary Judgment
Tennille Broome v. Shoprite of Millville Docket No.: A-210-20 Decided July 18, 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 In a recent unpublished decision, the Appellate Division overturned a dismissal of a personal injury complaint because the plaintiff’s expert report may have been sufficient to overcome summary judgment. In Broome v. Shoprite,…
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 In a recent unpublished decision, the Appellate Division overturned a dismissal of a personal injury complaint because the plaintiff’s expert report was sufficient to overcome summary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 MoreFriedauer v. Scheuffer
Friedauer v. Scheuffer Docket No. A-4583-17T1 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. ISSUES: Did the trial court err in granting summary judgment dismissal of plaintiff’s wrongful death action against defendant Ashbritt Environmental, Inc. (Ashbritt)? Did the trial court err in denying Ashbritt’s motion on cross-appeal to bar as “net” the opinion of…
Read MoreI tripped and fell on a sidewalk at my local neighborhood town. I want to sue. What are the requirements?
Submitted by New Jersey Slip and Fall Attorney, Jeffrey Hark I was walking down the street in my local neighborhood towards a restaurant and I was tripped and fell on a displaced sidewalk and or curb that was located in front of the municipal school, library, Police, public building. I broke my wrist and needed…
Read MoreI was injured on a New Jersey Transit bus. Can I sue? How do I prove my case?
Dawkins v. One Bus, Decided December 29, 2017 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. The facts of this case are very straight forward. The plaintiff-bus passenger was injured when several unruly passengers came onto the bus and assaulted the plaintiff when she was about to exit the bus, striking her and throwing…
Read MoreWhy did the judge dismiss my case and not allow it to go to a jury trial.
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Issue: Why did the judge dismissed my case and not allow it to go to a jury trial. This is a very straightforward New Jersey Law Division appeal from a dismissal of a lawsuit because plaintiff did not provide competent medical evidence of an objective permanent…
Read MoreLiability Dominoes: Summary Judgment Remains a High Standard to Meet
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. In Vivas v. Tango, decided by the Appellate division on June 18th, the defendant thought he had a simple case for summary judgment. The plaintiff was in front of his vehicle at a red light, when he himself was rear ended by a third vehicle. He moved…
Read MoreBurden of Proof and Summary Judgment Dismissal – Real Estate Transaction
Submitted by New Jersey Civil Lawyer, Jeffrey Hark 34-2-5430 D’Agostino v. Gesher LLC, App. Div. (per curiam) (19 pp.) In this action plaintiff is making a claim against the selling (defendant’s) bank’s broker and attorneys – alleging they interfered with plaintiff’s opportunity to enter into a contract to purchase property, The Law Division’s orders dismissing…
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