Recent Blog Posts
Court Applies Mode-of-Operation Rule in New Jersey Slip and Fall
A slip and fall in a New Jersey Target led to a personal injury lawsuit against the store. The injured plaintiff slipped on a wet floor which was made slippery when somebody spilled a drink. Target filed a motion to dismiss the case, claiming that it did not have notice about the dangerous condition,… Read More »
Medical Device Manufacturer Agrees to Pay $80 Million to Settle Civil and Criminal Charges
The maker of a surgical cutting guide intended for use in total knee replacement surgeries has agreed to an $80 million settlement with the U.S. Department of Justice for selling an adulterated medical device. According to the government complaint, OtisMed defrauded doctors and circumvented the FDA medical device approval process for its OtisKnee surgical… Read More »
New Jersey Medical Community Leader Calls for Higher Medicaid Reimbursement Rates for Mental Health and Substance Abuse Providers
In a recent opinion piece published by the Times of Trenton online at NJ.com, Dr. Debra Wentz issued a call for an increase in Medicaid reimbursement rates, which to put it mildly, fall “far short” of the actual costs of providing services. As Dr. Wentz noted in her piece, the current rate of reimbursement… Read More »
With Newly-Discovered Evidence of Increased Personal Injury, New Jersey Federal Court Allows Plaintiff to Increase Demand from $1 Million to $5 Million
When filing a personal injury lawsuit, the complaint should state the amount of money damages you are seeking from the negligent party. Sometimes, however, the full amount of damages is not known at the time you file the petition. This can especially be the case in claims against the government, where you may have… Read More »
New Jersey Water Park Personal Injury Case Raises Questions About Convenient Venues and Forum Selection Clauses
The Superior Court of New Jersey, Bergen County, recently dealt with a motion by the defendants to transfer the personal injury against them out of the Plaintiffs’ home court and into theirs. The motion was denied. The case of Flatley v. Mountain Creek Water Park began when the plaintiffs where injured while riding “the… Read More »
Injured Plaintiff Fails to Prove Permanent Injury Following New Jersey Car Accident
Under New Jersey’s no-fault insurance law, in order to sue a negligent driver for damages such as pain and suffering after a car accident, you must be able to prove that you suffered a “permanent injury” within the meaning of the law. In the case of Zimmerman v. Kahn, decided last month, the appeals… Read More »
Judge Rules Plaintiff’s Slip and Fall Case is Really a Medical Malpractice Claim and Dismisses Lawsuit
If a patient at a clinic slips and falls in the bathroom after a medical procedure, is the case against the clinic one of ordinary negligence or professional negligence (medical malpractice)? A New Jersey court recently held that such a situation was a matter of professional negligence and dismissed the case because the injured… Read More »
Woodbridge Toy Store Not Liable to Assault Victim for Fight on its Premises
A verbal altercation between a male and female customer at a Toys “R” Us store turned into a physical fight when the woman’s fiancée arrived. The male customer sued the other man for assault and also sued Toys “R” Us for negligent security, or failing to provide a reasonably safe environment for its customers…. Read More »
New Jersey Appeals Court Upholds Jury Award in Car Crash
In the recent case of Bonner v. Szelc, the Superior Court of New Jersey Appellate Division upheld a jury verdict of nearly a quarter of a million dollars for a car crash that left the plaintiff with permanent injuries and chronic pain. The defendant argued on appeal that the judge made several errors at… Read More »
Court Allows a Hearing on Slip and Fall Plaintiff’s Late Filing of Claim Against New Jersey Motor Vehicle Commission Facility
If you are injured in a slip and fall on government property, you may be able to file a claim against the government for negligence, but you must act quickly. Under the terms of the New Jersey Tort Claims Act, you must file a notice of your claim within 90 days of the accident,… Read More »
