In a recent reported decision, the New Jersey Supreme Court reversed the trial court approval of a settlement involving an accident victim who had a diminished mental capacity. It also reversed the Appellate Division‘s affirmance of that trial court decision. The plaintiff was working at the defendant‘s property when she was struck in the head …
The New Jersey courts have consistently held that a commercial property owner‘s obligation to keep sidewalks and other portions of its property free from snow and ice does not begin until a reasonable period of time after the snow has stopped falling. The idea is that the owner should only need to have the sidewalk …
You May Have To Shovel While It’s Still Coming Down Read More »
As I have stated in prior blogs, the owner of a location where an accident occurs is not automatically liable for the accident just because that accident occurred at that location. Rather, the accident victim and counsel must show that the owner had a duty that the owner breached. One primary duty is to keep …
In a prior blog, we discussed a New Jersey Supreme Court decision barring accident victims from recovering their medical expenses from the negligent driver causing the injury. The plaintiff in that case had chosen a $15,000.00 personal injury protection (PIP) limit on his insurance, and the Court stated that therefore, he was limited to recovering a …
In a recent unreported decision, the New Jersey Appellate Division confirmed that an unlicensed, uninsured accident victim was barred for suing for his pain and suffering and medical expenses arising from his motor vehicle accident. The plaintiff was operating an uninsured, unregistered vehicle owned by his ex-girlfriend who was incarcerated in Texas. He had moved …
In a 3-2 decision, the New Jersey Supreme Court recently barred accident victims from recovering their medical expenses from the negligent driver causing the injury. In this case, the victim had chosen a reduced personal injury protection (PIP) coverage of $15,000 but his medical expenses far exceeded that coverage. He therefore filed suit against the …
In a recent Appellate Division decision, the court considered the claim of an auto accident victim who had caught a ride with a fellow member of a non-profit charitable arts organization. The organization arranged for percussion instrument performances and competitions for its members. It would inform the members of the time, date and location of …
In a recent unreported decision, the Appellate Division upheld the dismissal of a trip and fall complaint arising from an accident on a residential sidewalk. The plaintiff claimed that the homeowner had planted a tree on his property which caused the sidewalk to become raised and buckled, on which the plaintiff tripped and fell. The …
Attorneys will sometimes file accident lawsuits with a questionable basis, which often comes back to haunt them. A recent unreported Appellate Division decision is instructive. A woman involved in an automobile collision had the lawsuit threshold (see https://www.middlesexcountyaccidentlawyer.com/what-is-the-lawsuit-threshold/). She admitted that no part of her body struck the inside of the vehicle, that her parked vehicle …
In a personal injury case, the plaintiff is obligated to prove at trial that her injuries are causally related to the accident. Typically this is accomplished through the use of a medical expert who evaluates the plaintiff, provides an expert report and testifies at trial. This may also involve the use of diagnostic testing to …
Charles D. Whelan III has been committed to excellence for over 30 years. With offices located centrally in New Jersey, he is able to provide businesses and individuals with excellent legal services.