New Jersey

You Can Run, You Can Hide, But You Can’t Use This Escape Clause (NJ)

The Supreme Court of New Jersey recently found an ‘escape clause’ in a garage policy issued to a car dealership that eliminated coverage to a class of the dealership’s customers void on public policy grounds even though the driver of the vehicle had personal auto insurance that met the statutory minimum. Huggins v. Aquilar, 246 N.J. 75 (2021). Mary Aquilar left her car with Trend Motors, Ltd....Read More

Heads up! NJ Appellate Division Holds That An Injured Plaintiff Need Not Establish Reckless Conduct On The Part Of Her Field Hockey Coach (NJ)

A recent decision from the New Jersey Appellate Division held that a student-athlete does not have to prove reckless conduct on the part of her coach to sue the coach and the board of education. See Dennehy v. East Windsor Regional Board of Education. In this instant case, the girls’ field hockey team were performing corner drills while the other members of the team were observing the drills...Read More

WCM Is Pleased To Announce That Lauren Berenbaum Has Been Promoted To Counsel

With effect as of October 1, 2021, WCM is pleased to announce that Lauren Berenbaum has been promoted to the rank of counsel.  A graduate of Villanova University School of Law and Emory University, Lauren is based in WCM’s Philadelphia office.  She focuses her practice on coverage work in Pennsylvania, New Jersey, and New York.  Lauren started with WCM as a first-year attorney. Read More

Grapes of Wrath: Sam’s Club and the Mode of Operation Rule (NJ)

In a typical slip and fall case, a plaintiff needs to prove that a defendant knew or should have known about a dangerous condition on the premises that caused the plaintiff to fall. However, in certain ‘self-service’ settings, New Jersey has applied the ‘mode of operation’ rule to certain commercial businesses. The mode of operation rule applies when a business permits its customers to handle...Read More

Marinara Sauce Too Hot to Handle? (NJ)

Pizza, Spaghetti, and Mozzarella Sticks.  What these three commonly enjoyed food items have in common is that they are regularly eaten with tomato or marinara sauce.  The flavor combination of flour, wheat, bread, cheese, and tomato sauce is something that virtually everyone enjoys. But what happens when the sauce is capable of inflicting second or third degree burns? The matter of Valdez v....Read More

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