Blog Category: Personal Injury
Auto Insurance PIP Expense Benefits Are Not Reduced by Chosen Deductibles or Co-Payments
May 23, 2023 | Written by: | Share
A New Jersey personal automobile insurance policy must provide Personal Injury Protection (“PIP”) benefits pursuant to NJSA 39:6A-1, et seq. Pursuant to the statute, a standard PIP policy...
NJ Supreme Court Affirms Punitive Damages Act Limitations
Sep 28, 2022 | Written by: | Share
On August 25, 2022, the NJ Supreme Court affirmed that the Punitive Damages Act, NJSA 2A:15-5.10, was enacted specifically to limit the award of punitive or exemplary damages to exceptional cases...
“Direct Action Statute” Can Permit Judgment Claimants to Collect from Debtors’ Insurance Policies
Jul 27, 2022 | Written by: | Share
Pursuant to the Direct Action Statute, NJSA 18:28-2, a personal injury or property damage judgment claimant who is unable to collect the judgment from an insured judgment debtor may seek to collect...
Limitations on Mode of Operation Rule Could Mean Sour Grapes for Some Plaintiffs
Jul 20, 2022 | Written by: | Share
In a recent decision, the New Jersey Supreme Court ruled that the “mode of operation rule does not apply to the sale of grapes in closed clamshell containers.” Jeter v. Sam’s Club, 2022 N.J....
Is Rescue of Drowning Dog Covered Under NJ’s Common Law Rescue Doctrine?
Jun 22, 2022 | Written by: | Share
The New Jersey State Supreme Court recently revisited the Common Law Rescue Doctrine, which permits a rescuer injured during the rescue act to sue a rescued victim who partially or wholly caused the...
Affidavit of Merit Not Needed for Vicarious Liability Claims Involving Unlicensed Employees
Apr 20, 2022 | Written by: | Share
Lawsuits for injuries, wrongful death, and property damages caused by the malpractice or negligence of licensed professionals or professional entities require an Affidavit of Merit from a licensed...
NJ Supreme Court Reverses Appellate Decision on Employee Parking Lot Injury
Jan 31, 2022 | Written by: | Share
Last February, I discussed the Appellate Division opinion Lapsley v. Township of Sparta, A0958-19T3 (App. Div. 2021), wherein a Township library employee was injured by a Township snowplow while...
Are Parents Responsible for Actions of Children’s Visiting Friends?
Jan 7, 2022 | Written by: | Share
As a parent, do you often wonder what responsibility you have for your children’s friends when they visit your home? What about when hosting a children’s birthday or holiday party? The...
Can Accepting Responsibility for Drunk Driver Make You Liable for Accident?
Sep 9, 2021 | Written by: | Share
On June 1, 2021, the Appellate Court held in Vladimir Diaz v. Herbert J. Reynoso that a volunteer who promised the police that he would take responsibility for an intoxicated driver could potentially...
“Timothy J. Piazza’s Law” Signed by Gov. Murphy
Aug 27, 2021 | Written by: | Share
We have all heard stories about hazing at the hands of fraternities and sororities. Some of us have even experienced such while attending college. This conduct, however, not only affects college-age...