Plaintiff Christopher Casucci was rear ended by the defendants’ commercial vehicle driven by defendant Kevin Valan and owned by Marascio Brothers Electric. The collision was a minor impact but plaintiff claimed to have suffered neck pain, headaches and tingling in his hands as a result of the accident.  The issue in Casucci v. Valan, 2022 N.J. Super. Unpub. LEXIS 1833 (App. Div. Oct. 5, 2022), was whether the jury’s verdict of zero damages should be upheld in light of the defendants’ stipulation to liability before trial. At the time of the accident, plaintiff was wearing a seat belt and ..read more

The plaintiff Yasmine Coello was convicted of harassment in 2007.  Over a decade later, she was successful in having her conviction vacated.  Within two years later, she filed a civil rights action to recover for various abuses she alleged to have suffered during her criminal proceedings.  The issue in Coello v. DiLeo, 43 F.4th 346 (3d Cir. 2022) was whether the plaintiff timely filed her civil rights lawsuit. This case had many twists and turns, stemming from a private citizen complaint filed by Shirley Messina in January 2007 in Municipal Court.  She accused plaintiff Coe ..read more

The New Jersey Offer of Judgment Rule permits any party to make an “offer to take judgment” either in the party’s favor (if a plaintiff) or against the offeror (if a defendant). The rationale for this rule is to encourage and facilitate a settlement because of the consequences of non-acceptance of the offer. Pursuant to a court rule change, effective September 1, 2022, among other changes, this rule has been revamped to address how offers can be made in a multi-party case. Under this revised rule, prior to service or filing of a notice of acceptance, an offeror may withdraw an offer by serving ..read more

In 2016, the plaintiff Juan Guiterrez-Ganan was injured in an auto accident when his car was struck by a car driven by an underinsured motorist.  Plaintiff sued his automobile insurance company, defendant Allstate Insurance Company, to collect underinsured motorist benefits for his claimed injuries and losses from the automobile accident.  The issue in Guiterrez-Ganan v. Allstate Insurance Co., 2022 N.J. Super. Unpub. LEXIS 526 (App. Div. April 1, 2022), was whether plaintiff was precluded from collecting underinsured motorist benefits due to his failure to insure his vehicle in New ..read more

Plaintiff’s deceased husband Bernard Waddell contracted COVID-19 in March 2020 while he was working as a Corrections Officer at the Hudson County Correctional Center.  He died from viral pneumonia secondary to COVID-19 on April 1, 2020.  Plaintiff, Sheliah Waddell, Bernard’s wife filed a Notice of Tort Claim in November 2020 and thereafter filed a motion for leave to file a late notice in March 2021.  The issue in Waddell v. County of Hudson, 2022 N.J. Super. Unpub. LEXIS 1320 (App. Div. July 21, 2022) was whether the plaintiff had presented extraordinary circumstances to w ..read more

The New Jersey Supreme Court has issued a new order, concluding its order that required all participants in jury proceedings to maintain three feet of social distancing, as well as wear a mask. This order will be effective on September 1, 2022. Jurors will continue to begin their jury service virtually and, at that time, may raise any concerns about reporting in person based on COVID-19. After the mandatory virtual orientation phase, judges will continue to have the discretion to continue with jury selection either virtually or in person. This court order is based upon the new CDC guidelines t ..read more

Just signed into law on August 5, 2022, by Governor Murphy, is a new law raising the minimum policy amounts of automobile insurance that must be provided for automobiles registered or principally garaged in the State of New Jersey. Previously, the minimum automobile insurance policy limit for a policy of insurance (except for a basic policy), was $15,000. Depending on when the policy renews, the new limits increase up to $35,000 for injury or death to one person and $70,000 as an aggregate limit, if more than one person is injured in the accident. For plans that renew prior to January 1, 2023 ..read more

By: Patrick J. Graham, Esq. Editor: Betsy G. Ramos, Esq. Plaintiff, Gladys Bednarko, sued Defendant, Ben’s Bagel Barn after she was hit on the back of her right foot by Defendant’s front door that she alleged closed “too fast” behind her. Specifically, Plaintiff alleged that upon leaving Defendant’s store front, she pushed open the front door just far enough to take one step out with her left foot and when she let go of the door, it closed, striking her right foot and causing injuries. After a corresponding lawsuit and on appeal, the New Jersey Appellate Division in Bednarko v. Ben’s Bagel Bar ..read more

Plaintiff Jeffrey Wichot sued Defendant for emotional injuries suffered from a car kidnapping that occurred in 2012. Plaintiff had previously suffered a horrific injury as a young boy in 2002 which resulted in a traumatic brain injury. One of the issues in Wichot v. Allstate N.J. Prop. & Cas. Ins. Co., 2021 N.J. Super. Unpub. LEXIS 1020 (App. Div. May 27, 2021), was whether Plaintiff needed to provide a comparative analysis of his injuries suffered in the two incidents to be able to establish causation of his injuries incurred in the second incident. In 2002, Plaintiff’s traumatic brain in ..read more

Plaintiff Atef Kamel slipped and fell down steps in his apartment building’s stairwell while he was taking out his recycling.  He claimed that his slip and fall was caused by a combination of an unknown, oily liquid on the floor and a broken light in the stairwell.  The issue in Kamel v. Panyork Group, 2022 N.J. Super. Unpub. LEXIS 721 (App. Div. May 2, 2022) was whether the defendant apartment building owners could be liable for the injuries suffered in the fall.  Specifically, the court had to resolve whether the defendants had constructive notice of the alleged defects that c ..read more