NJ Supreme Court Holds that NJ Transit is held to Heightened Duty of Care to its Passengers
On February 17, 2021, the New Jersey Supreme Court in Maison v. New Jersey Transit Corporation held that NJ Transit, which is a public common carrier of passengers, is held to the same heightened duty of care regulating private carriers. By way of background, the case involved a young woman whose forehead was severely injured after teenage passengers threw a bottle at her face. The teenagers...Read More 0
NJ Court Finds That Endorsement Limiting Scope of “Coverage Territory” Governs
The interplay between various endorsements in a policy is not always clear. This is especially the case where multiple endorsements state they are “replacing” the same provisions. A New Jersey federal judge rejected an attempt by an insured to expand coverage beyond the scope of the policy’s plain terms. In so doing, the court reaffirmed that a policy endorsement’s restriction of coverage to a...Read More 0
by Suzan CherichettiFebruary 12, 2021 Auto, Insurance, Litigation, New Jersey, Of Interest0 comments
Read it and Weep: Plaintiff’s Case Against Insurer Dismissed for Failure to Understand the Insurance Policy (NJ)
In Giselle Polizzi v. Liberty Mutual Fire Insurance Company, the United States District Court for the District of New Jersey case gave a lesson in policy interpretation following a dispute over an automobile policy. In this case, Giselle Polizzi (“Polizzi”) was injured in a car accident with an underinsured motorist while borrowing her parents’ vehicle. Due to language in an endorsement within...Read More 0
by Heather AquinoFebruary 4, 2021 Indemnification, school, Coverage, Insurance, New Jersey, Of Interest0 comments
District of NJ Denies Insurer’s Attempt to Dismiss Claims for Sexual Abuse Coverage
In School Excess Liability Joint Ins. Fund v. Illinois Union Ins. Co., the United States District Court for the District of New Jersey recently considered whether the plaintiffs, School Excess Liability Joint Insurance Fund (“SEL”), Diploma Joint Insurance Fund (“Diploma”), and School Alliance Insurance Fund’s (“SAIF”) sufficiently pled that they have incurred losses that eroded their retained...Read More 0
by Colleen HayesJanuary 22, 2021 Consumer Fraud Act, New Jersey, Of Interest, Product Liability0 comments
New Jersey Opens Door to Treble Damages in Products Claims (NJ)
New Jersey’s Supreme Court troublingly opened the door to avaricious plaintiffs, potentially allowing plaintiffs to simultaneously allege product liability actions and actions under the Consumer Fraud Act. The Consumer Fraud Act allows for the potential of treble damages, attorneys fees, and costs to successful plaintiffs. Until recently, the Product Liability Act, which governs the strict...Read More 0
NJ Appellate Division Upholds Dismissal of Plaintiff’s Premises Liability Claim (NJ)
In Quejada v. Shoprite, plaintiff alleged she slipped and fell on water on Shoprite’s floor resulting in injuries to her spine. Plaintiff had slipped in an area close to where customers pay for their groceries. Plaintiff did not notice anything on the floor before her fall, but noticed her clothing was wet after she fell. Plaintiff did not know the source of the water. Plaintiff’s counsel...Read More 0
WCM’s 2020 Year in Review
At this point, more than enough has been written about 2020. COVID-19 changed the world, and how we all view it. When we left our physical offices in mid-March – and told everyone we’d see them the Monday after Easter – the prospect of working remotely for a month seemed like an eternity. Nearly ten months later, and well, here we are. Despite the pandemic, Wade Clark Mulcahy LLP has...Read More 0
NY’s “Pothole Law,” Prior Written Notice Statutes, and the Affirmative Negligence Exception (NY)
In Martin v. City of New York, No. 12318, 2020 WL 7347089 (1st Dep’t, Dec. 15, 2020), the Appellate Division, First Department clarified a municipality’s liability exposure, pursuant to a prior written notice statute and the affirmative negligence exception. In Martin, Plaintiff alleged he sustained personal injuries when falling on a roadway in the Bronx. Defendant owned and maintained the...Read More 0
by Colleen HayesDecember 23, 2020 Litigation, Negligence, New Jersey, Of Interest, Premises Liability0 comments
NJ Appellate Division Refuses Plaintiff’s Attempt to Strike an Element of New Jersey’s Res Ipsa Loquitur Doctrine (NJ)
The matter Pannucci v. Edgwood Park Senior Housing, et al., involved an elderly plaintiff who was injured while entering an elevator in her senior living facility. The plaintiff sued the owner of the premises, the owner’s property manager and the elevator maintenance company retained by the property manager. At issue in the case, was the doctrine of Res Ipsa Loquitur (the thing speaks for...Read More 0
Cart before the Horse? How the New Jersey Courts Vacated an Order to Compel Arbitration (NJ)
On December 2, 2020, the Superior Court of New Jersey, Appellate Division vacated the trial court’s order to compel arbitration and remanded the case to trial court in Knight v. Vivint Solar Developer. The Appellate Division reasoned it was unclear from the record whether the plaintiff agreed to arbitrate disputes under the agreement and remanded for a plenary hearing to the trial court. The...Read More 0