- Kim Stroka v United Airlines
This case arises out of the tragic events of September 11, 2001. Petitioner is a flight attendant for United Airlines (United). She was scheduled to work Flight 93 from Newark to San Francisco on September 11, but several days earlier she had requested and received the day off.
- Carroll v United Airlines and JSS
Simply stated, plaintiff, a paraplegic passenger on defendant/third-party-plaintiff United Airline's (United) round trip flight from Newark, New Jersey to Japan, was injured when he fell or was dropped while being disembarked from the plane in Japan.
- Fu v Fu
This appeal raises a choice-of-law issue concerning a single-car accident in New York involving only New Jersey residents.
- Reilly v AAA
This case arose when Reilly's insurer, AAA Mid-Atlantic Insurance Company of New Jersey (AAA), refused to renew his insurance because Reilly had amassed seven eligibility points, the threshold at which an insurer can deny coverage.
- Universal Underwriters v David Marshall
The motion judge held that NJM was not required to participate under its automobile insurance policy in underinsured motorist (UIM) coverage arbitration for an injury to Marshall incurred during the operation of his motorcycle.
- Frank Courvoisier v Harley Davidson
In 1993, Frank Courvoisier was seriously injured in a motorcycle accident involving only that vehicle. At some point following the accident, Courvoisier sued Harley Davidson of Trenton, Inc. (Harley Davidson) for negligent maintenance of the motorcycle, which he claimed proximately caused the accident.
- Edwin Ocasio v Amtrak
This appeal requires us to decide whether a railroad may be held liable for failing to take easy and inexpensive measures to block access to stairways leading to an abandoned railroad station which it should anticipate will be used as a shortcut to cross its tracks.
- William Lopez v New Jersey Transit
In this wrongful death action, plaintiffs appeal from the grant of summary judgment to the remaining defendants, New Jersey Transit (and New Jersey Transit Rail Operations, Inc.), W.S. Kelton, the engineer of the New Jersey Transit train which struck and killed the decedent, Nelson Lopez, while he stood on the railroad's tracks, and City of Paterson, the owner of adjoining property.
- Harold Smith v Coastal Oil
This case involves claims for wrongful death and survival action damages. Plaintiff obtained a modest compensatory award of $40,178 (plus the net funeral and burial expenses of $3,939) under the Wrongful Death Act,
- Michael Boyle v Ford Motor Company
This product liability case arises from an automobile accident in which plaintiff Michael Boyle was seriously injured when his car collided with a truck leased to and operated by defendant New Jersey Boom & Erectors ("NJBE").
- Home State Insurance v Continental Insurance
Jaime Skierski sustained injuries when she was assaulted by other students while a passenger on a school bus owned and operated by Irving Raphael, Inc. (Raphael).
- Charlette Schaeffer v All State Insurance
The common issue presented by these appeals is whether the medical expense benefits an insurer of a bus company is required to provide a person who is injured while a passenger on a bus must be paid by an automobile insurer that provides personal injury protection coverage to the injured passenger.
- French v NJ School Board Association Insurance
This appeal concerns the rights and obligations of parties under the underinsured motorist (UIM) provision of an automobile insurance policy. The question presented is whether a school bus driver, injured by an underinsured driver while driving the bus, may recover UIM benefits under the policy purchased by the school district to cover the bus.
- Koruba v American Honda
This case arises out of an accident that occurred when plaintiff Michael Koruba attempted an extreme jump on his sports all-terrain vehicle (ATV), resulting in his sustaining serious neurological and orthopedic injuries.
- Ian Michael Wymbs v Township of Wayne
This case involves a claim that a sharp curve in a roadway was a ???dangerous condition??? on public property as defined by N.J.S.A. 59:4-1a of the New Jersey Tort Claims Act (???TCA???). The specific issues involve the propriety of a number of evidentiary rulings made by the trial court.
- Norris v Borough of Leonia
The issue in this appeal is whether a municipality may be held liable for the negligent maintenance of a curb. In addressing the issue, the Court considers whether the common law immunity historically accorded municipalities for sidewalk wear and tear absolves a public entity form negligent curb maintenance
- Brown v Williams
Plaintiff, a pedestrian wholly innocent of fault, was injured on September 10, 2003,* when a parked car backed into her as she was crossing a street at an intersection in Paterson. Defendant Fannie Y. Williams owned the vehicle; defendant Stanley Williams was driving it.
- Abad v Gagliardi
This case arises from a collision between a vehicle driven by defendant, Ilene B. Gagliardi, and plaintiff, a pedestrian who was crossing the street.
- Mautz v JP Patti Company
This case involves interpretation of a contractual indemnification clause in an agreement between a general contractor and a subcontractor.
- Piermont Iron Works v Evanston Insurance
These are the most pertinent facts. The case arises from a construction accident that befell Jay Jacobs, an employee of the subcontractor Piermount, on March 28, 2002.
- Walsh v RCA General Electric
In 1958, petitioner Henry Walsh began working for respondent RCA/General Electric Corp. (RCA/GE) as a maintenance mechanic and electrician. During his employment, petitioner was exposed to a myriad of chemicals and substances, including asbestos.
- Brunell v Wildwood Crest Police Department
In January 2000, Brunell filed a claim petition seeking workers?? compensation benefits. In the petition, she stated that the date of her accident or occupational exposure was June 2, 1995, and that she suffered from delayed onset PTSD as a result of Officer Miglio??s death.
- Princeton Insurance v Prasert Chunmuang MD
The issue posed in this appeal is whether an exclusion from coverage in a medical malpractice insurance policy for ???injury resulting from [the physician's] performance of a criminal act??? insulates the insurer from liability for compensatory damages awarded to the insured's patient in an action based on a sexual assault by the insured physician in the course of a gynecological examination.
- Gendek et al v Estrella Poblete
This case involves the claim of parents for negligent infliction of emotional distress arising out of the death of their infant son. The baby was born in apparent good health, but subsequently developed profound respiratory problems during a standard post-birth incubatory period.
- Szczuvelek v Harborside Healthcare
The issue in this appeal concerns the timeliness of the filing of Stephen Szczuvelek??s complaint against Harborside Healthcare Woods Edge t/a Harborside Nursing Home (Harborside) and Somerset Medical Center (Somerset).
- McKenney v Jersey City Medical Center
Jannie and Edward McKenney brought this action on behalf of themselves and their infant son, Jarrell McKenney, seeking damages for wrongful birth, wrongful life, and injuries sustained during delivery.
- Ostrowski v Cape Transit Corp
In this personal injury case, the primary issue on appeal is whether defendants' presentation of expert medical opinion testimony that plaintiff was faking his symptoms of a serious brain injury constituted an attack on his character for truthfulness which plaintiff could rebut with evidence concerning his character for truthfulness.
- State of New Jersey v Black
One hour later, the child was transferred to Monmouth Medical Center where she was placed on life support. A CT scan revealed a fractured skull with brain swelling. She died from traumatic brain injury leading to brain death on May 6, 2000 at 11:09 a.m.
- Fairweather v Public Employees Retirement System
She sustained the injuries that served as the basis for her claim when a frightened mental patient, who she was trying to evacuate from a burning cottage, jerked his hand away from hers and they slid down the icy steps to the ground. As a result of the fall, petitioner sustained serious and permanent injuries.
- State of New Jersey v Tarlowe
Defendant drove himself to the emergency room of Union Memorial Hospital and advised the emergency room doctors that he had slipped on a piece of lettuce. Based upon his history, defendant was diagnosed as sustaining sprains of his left shoulder, cervical spine, and left elbow as a result of his fall.
- Ramos v M and F Fashions
After he entered the building, he walked to the elevator, the door of which was open eighteen inches wide. He opened the door an additional foot. When he stepped into the elevator, he fell down the shaft and plunged between eight to ten feet.
- Rosenberg v Otis Elevator Company
The elevator stopped at the sixth floor where a Bellemead building maintenance worker entered the elevator. The elevator began to ascend again, but commenced to shake at the twelfth floor, and precipitously dropped at least three floors in a freefall until it came to a sudden stop.
- Jimenez v GNOC Corp et al
Plaintiff boarded upward escalator #1 behind her daughter and grasped the right handrail. According to plaintiff, after the escalator advanced four or five steps the right handrail stopped, and she was thrown backwards as the steps continued to rise.
- Zaza et al v Marquess and Nell Inc
On January 28, 1990, Gerardo Zaza, an employee of Maxwell House Coffee (Maxwell House), was severely injured when hot molten water and carbon within a quench tank that he was attempting to repair overflowed and landed on his back, arms and upper extremities, causing second degree burns over twenty-one percent of his body.
- Mettinger v Globe Slicing Machine Co
The primary issue on appeal is whether the entity that sold and serviced a defective meat-slicing machine that injured a user of the machine may maintain an action for indemnification against a company that purchased and continued the product line of the manufacturer of the machine.
- Perez et al v Wyeth Laboratories Inc
This appeal concerns Norplant, a Food and Drug Administration (FDA)-approved, reversible contraceptive that prevents pregnancy for up to five years.
- Rowe v Hoffman-La Roche Inc
Plaintiff Robert Rowe, a Michigan resident, filed a complaint in New Jersey against two New Jersey pharmaceutical manufacturers, Hoffman-Law Roche, Inc. and Roche Laboratories, Inc. Rowe alleged the defendants failed to warn adequately about the health risks associated with Accutane
- Baird v American Medical Optics
The first is whether the statute of limitations, N.J.S.A. 2A:14-2, bars a patient's claim for lack of informed consent against an ophthalmologist who implanted an intraocular lens in the patient's eye, the hospital where the operation took place, and the manufacturer of the lens. The second is whether federal law preempts the patient's state-law claims against the manufacturer of the intraocular lens.
- Snyder v American Association of Blood Banks
On August 23, 1984, William Snyder underwent open-heart surgery at St. Joseph's Hospital in Paterson. Snyder learned in 1987 that he had contracted Acquired Immune Deficiency Syndrome (AIDS) from a transfusion of blood that the Bergen County Blood Center (BCBC), a non-profit blood bank, had provided to St. Joseph's.
- Zacarias v Allstate Insurance Company
This appeal involves a declaratory judgment action in which the plaintiff-policyholder (Zacarias) seeks indemnification from defendant-insurer (Allstate) in connection with a suit brought against him by his wife for injuries she sustained in a boating accident.
- Goldson v Carver Boat Corp
At issue is whether plaintiff Howard Goldson and his subrogee Continental Insurance Company (Continental) may recover from defendants Carver Boat Corporation (Carver) and Johnson & Towers, Inc. (Johnson & Towers) in negligence and strict liability for economic loss caused by a defect in a power boat that caught fire while docked at a marina.
- Mirra v Holland America Line
Plaintiff filed a complaint against defendants Holland America Line and Holland America Line-Westours, Inc. ("Holland") and Cruisin, Inc. - Cruise Only Travel Professionals ("Cruisin") on April 1, 1998, seeking damages for breach of contract, breach of express and implied warranties, negligent infliction of emotional distress, negligent misrepresentation, and consumer fraud.
- Muise v GPU Inc
Plaintiffs, electrical utility customers who experienced power outages on the 4th of July 1999 weekend brought this class action for damages for failure to provide service. They also asserted claims for consumer fraud, negligence and breach of contract.
- Schaefer v Dorney Park and Wildwater Kingdom
Plaintiffs Maureen Schaefer and Jerry Schaefer, her husband,See footnote 11 appeal a judgment of no cause for action entered after a jury verdict in favor of defendant. Schaefer was injured while riding on a water slide in Dorney Park and Wildwater Kingdom in Allentown, Pennsylvania.
- Rogove v Stavola Construction Company
Plaintiffs Bruce and Adrienne Rogove, husband and wife, appeal the dismissal of their complaint upon a jury verdict finding no cause for action. Plaintiff Bruce Rogove had fallen from his bicycle while participating in a road rally when he ran over a raised portion of pavement at the junction of a road and bridge.
- Gershon v Regency Diving Center
In this appeal we are asked to decide whether an exculpatory release, executed by decedent as a condition of receiving scuba diving instructions from defendants, precludes decedent's heirs from bringing a wrongful death action pursuant to N.J.S.A. 2A:31-1 to -6. This is an issue of first impression in this State.
- Tighe v Peterson
This appeal addresses the duty of a host to warn a social guest about the configuration and depth of the host??s pool where the guest had been in the pool many times before.
- Dziewiecki v Bakula
In this personal injury action, the Court considers whether the persons responsible for performing or furnishing the services enumerated in the New Jersey Statute of Repose (SOR), N.J.S.A. 2A:14-1.1, include manufacturers and suppliers of mass-produced products such as pool kits for residential in-ground swimming pools.
- Schick v Ferolito
The issue raised in this appeal is whether a heightened standard of care applies to participants in the game of golf. Under such a standard, participants would be liable for reckless or intentional conduct, and not mere negligence.
- Crawn v Campo
Michael Crawn was playing catcher in a pickup softball game and was injured when John Campo, attempting to score from second base, either slid or ran into Crawn at home plate. Crawn suffered a torn knee ligament.
- Reynolds v Lancaster County Prison
During the fourteen months it owned Diesel, a 134-pound Rottweiler trained as an attack dog for prisoner control, the dog bit prison guards on five separate occasions. Despite Diesel's demonstrated propensity for unprovoked attacks on humans, LCP brought Diesel to New Jersey and gave him to defendant Guard Dogs Unlimited, Inc., a New Jersey corporation ("Guard Dogs").
- Trisuzzi v Tabatchnik
This is a dog bite case. Plaintiff John Trisuzzi, who was bitten by the dog, appeals a verdict of no cause for action entered in favor of defendants, the dog owners, following the negative response by the jury to the first two special interrogatories. Plaintiff Elaine Trisuzzi, John's wife, appeals the trial judge's dismissal of her claim of negligent infliction of emotional distress.
- Clark v Safety-Kleen Corp
In a products liability case, the duty to warn is premised on the notion that a product is defective absent an adequate warning for forseeable users that the product can potentially cause injury. The defect alleged here was the presence of cresylic acid in the cleaner without an adequate warning.
- Lewis v American Cyanamid Company
Plaintiff Peter Lewis was very badly burned over 25 percent of his body when the flame from the pilot light of a gas oven or a spark from a refrigerator motor ignited the gaseous hydrocarbon propellants that were released into the air by his use of two cans of defendants' aerosol insecticide, Combat Room Fogger.
- Josephson v Crum and Forster
This pollution insurance coverage dispute presents several issues for resolution. We conclude that the Law Division judge: (1) correctly concluded that New Jersey's substantive law applied even though the waste disposal was in the Commonwealth of Pennsylvania; (2) correctly construed the implications of the comprehensive general liability police (CGL) in the circumstances of the lawful disposal of hazardous waste through properly licensed and regulated haulers and disposal sites;
- Nav-Its Inc v Selective Insurance Company of America
The Court considers whether the pollution exclusion provision of the insured's commercial general liability policy applies only to traditional environmental pollution claims.
