New Jersey

Ice, Ice Baby (NJ)

In New Jersey, a plaintiff sought to recover after he slipped on ice, fell, and broke his hip. The night before the accident, it had been sleeting and raining, creating a hazardous condition. At the time of plaintiff’s fall, the conditions were still ongoing. Plaintiff’s expert stated that the defendant, a property manager, could have mitigated the dangerous and icy conditions had they...Read More

Prize Fighter Yoel Romero is Vindicated by the New Jersey Courts (NJ)

The matter of Yoel Romero v. Gold Star Distribution, LLC arose out of the sale of a dietary supplement manufactured and distributed by Gold Star. Romero is an MMA fighter who competed in the UFC, the highest level of competition in the MMA. He is also a former world champion freestyle wrestler who won a silver medal at the 2000 Olympic Games. Gold Star is a dietary supplement company whose...Read More

A New Side to COVID-19 Litigation (NJ)

Last week, in Open MRI v. Cigna Health and Life Insurance, a New Jersey judge dismissed a suit alleging Cigna was unjustly enriched as a result of its refusal to pay for a health care provider’s costs of administering COVID-19 tests. Open MRI is a medical practice with locations throughout New Jersey. During the pandemic, Open MRI administered COVID-19 tests, diagnosed COVID-19 when necessary,...Read More

Friends Keep Their Promises & Don’t Let Friends Drive Drunk (NJ)

Is an individual who volunteers and assures police officers during a car stop of an alleged drunk driver that he will take the drunk driver and his car safety home – but instead relinquishes the car back to the drunk driver before reaching that destination – civilly liable if the drunk driver then collides with and injures another motorist? In this case, Diaz v. Reynoso, police stopped a...Read More

Family Not So Fun Day (NJ)

In New Jersey, a plaintiff sought to recover worker’s compensation benefits after she fell in a pothole at a recreational event that was organized by the non-profit organization she worked for. Employees of the non-profit were asked to volunteer to work the event, but were not penalized if they opted out. The plaintiff in Goulding v. NJ Friendship House, Inc., worked as a chef/cook for NJ...Read More

Partner Andy Gibbs Joins WCM’s New Jersey Office

WCM is pleased to announce that Andrew Gibbs, the current President of the Union County Bar Association, has joined WCM as a partner.  Andy has almost 25 years of experience representing insurance companies and their insureds in New Jersey State and Federal courts in a variety of cases including insurance coverage,  general liability, product liability and toxic torts, construction defect...Read More

Not So Slippery Slope: NJ Supreme Court Rules On Slip And Fall Snow / Ice Cases (NJ)

We previously reported a decision by the New Jersey Appellate Division in Pareja v. Princeton International Properties, which held that commercial landowners have a duty to prevent or remediate snow and ice conditions on their sidewalks even when precipitation is falling. The New Jersey Supreme Court, in a landmark decision, has reversed the Appellate Division and has held that the commercial...Read More

New Jersey Appellate Division Permits a Driver and Employer’s Determination of Improper Actions as Admissible Evidence

In Hassan v. Williams, the Appellate Division of the Superior Court of New Jersey found that a trial court improperly excluded multiple documents, including the determination letter written by an employer that its driver acted improperly, as well as the letter written by that driver about his own conduct. At the trial level, these documents were excluded as the Court held they went to the...Read More

For Whom Do I Sign? New Jersey Appellate Division Finds Chaperone Lacked Authority to Sign Liability Waiver

In Gayles v. Sky Zone Trampoline Park, et al., the Superior Court of New Jersey Appellate Division examined whether a parent had apparent authority to sign a liability waiver on behalf of the parents of other children who attended her son’s birthday party at a trampoline park. Under the facts of the case, the parent chaperone, Joan Tongol, invited the plaintiff’s son, as well as eight other...Read More

NJ Court Addresses The Impact Of Plaintiff Failing To Provide Expert Report (NJ)

The case Benjamim v. Wegmans Food Markets, Inc. arose from plaintiff’s fall at a Wegman’s grocery store. He alleged that the fall exacerbated his pre-existing epilepsy condition. The complaint was filed on February 6, 2018.  Discovery was ultimately extended to April 30, 2019.  Plaintiff was required to serve his medical expert report by April 1, 2019.  Arbitration was eventually conducted...Read More