New Challenges In Trying A Negligence Case

In this case, Cedar Johnson was employed by Cambridge Frozen Bakery Products Company. Johnson’s supervisor, Ray Majewski, asked Johnson to drive to Majewski’s home and retrieve his prescription medicine. Johnson did as he was instructed, and used his own car for transportation. En route, Johnson struck a vehicle operated by plaintiff Samuel Finn, who was … Continue reading “New Challenges In Trying A Negligence Case”

Recent Case Summary Reports On Matters Involving Insurance Coverage

In Skeete v. Dorvius, decided by our Supreme Court on June 10, 2005, the Court held that a step-down clause for UIM coverage in an automobile policy was unenforceable. Specifically, the reduction in UIM coverage for passengers in the policy was buried in approximately two hundred pages of materials. In this case, Shedrack Skeete was … Continue reading “Recent Case Summary Reports On Matters Involving Insurance Coverage”

Verbal Threshold Defeats Lawsuits Once Again

Involved in a motor vehicle accident and governed by the verbal threshold, plaintiff, Ortenzio, undergoes electromyography demonstrating right C5 and C6 radiculopathies and bilateral L5 and S1 radiculopathies. A cervical MRI reveals disc bulging at C4-5 through C6-7, but no herniation. An MRI of plaintiff ‘s jaw shows hypermobile condyle with retro-discal inflammation and internal … Continue reading “Verbal Threshold Defeats Lawsuits Once Again”

Commercial Landowner Liability Extended To A Street Sigh

Prior to February 9, 2004, a commercial property owner generally was able to escape liability if a public street sign located upon the owner’s sidewalk or curb was missing or obstructed or down since the sign was a matter outside of the landlord’s control. However, the New Jersey Supreme Court in Monaco v. Hartz Mountain … Continue reading “Commercial Landowner Liability Extended To A Street Sigh”

Appellate Division Speaks Again

On November 18, 2003, the Appellate Division of the New Jersey Superior Court reversed a Trial Court decision on the issue of whether survival act and wrongful death act claims trigger a single policy limit or twice that policy limit. Anthony Galante v. Michael A. May, et al v. Liberty Mutual Insurance Company, Superior Court … Continue reading “Appellate Division Speaks Again”