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 to New Jersey eight months before the accident.  He had no valid drivers license or medical insurance coverage.

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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 negligent driver to recover the excess unpaid medical expenses.

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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 rehearsals and performances and provided directions.

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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 homeowner admitted the condition of the sidewalk but claimed that he had only planted trees in his backyard.  The homeowner did repair the sidewalk, but only after the town issued him a summons for failure to maintain the sidewalk.

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As we have often said, the success or failure of a personal injury case will come down to the facts. A recent unreported Appellate Division decision in a slip and fall case makes that clear.

The plaintiff tripped over an uneven sidewalk abutting the defendant homeowners’ property. She alleged that she tripped because of the elevation of the sidewalk slab and the decorative white stones that had spilled on the sidewalk obscuring the elevation of the sidewalk.

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