New Jersey Personal Injury Case Law
Please find, below, selected case laws decided by Supreme Court of New Jersey or Court of Appeals of New Jersey where the terms personal injury or related terms have been mentioned. These cases are not necessarily personal injury and may include cases where the facts or court decision merely mentions personal injury related legal terms. You are not to rely on these cases as legal advice nor should you rely on them for accuracy. Please see Terms of Service.
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Zuidema v. Pedicano - 11/24/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued September 27, 2004
Defendants James J. Pedicano, M.D. and James J. Pedicano, M.D., P.A. appeal from an adverse jury verdict of $150,000 in an action...
Rodd v. Raritan Radiologic Associates - 11/24/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 5, 2004
In this medical malpractice wrongful death action, defendants, Stuart Kotler, M.D., and Raritan Radiologic Associates, P.A.,...
Information Spectrum - 11/22/2004
Argued September 27, 2004
The facts of this insurance coverage case are detailed in the decision of the Appellate Division. Information Spectrum, Inc. v. The Hartford, 364 N.J. Super. 54 (App. Div. 2003). At its heart is the...
Furst v. Einstein Moomjy - 11/15/2004
Argued September 13, 2004
In this case, defendants, a carpet department store and its president, sold plaintiff-customer a defective carpet at a warehouse clearance sale in violation of the Consumer Fraud Act, N.J.S.A. 56:8-1 to...
State v. Ray - 11/3/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted: October 20, 2004
Defendant Michael Ray appeals from the denial of his motion to quash the grand jury subpoena served upon his counsel, Louis...
State v. Cordoma - 11/3/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 5, 2004
Defendant, David Cordoma, is a former State Corrections Officer who retired after the State Division of Pensions and Benefits...
Casinelli v. Manglapus - 9/22/2004
Argued January 5, 2004
The question presented on this appeal is whether a plaintiff, who belatedly files a physician certification under the New Jersey Automobile Insurance Cost Reduction Act (AICRA), N.J.S.A. 39:6A-1 to -34,...
Taglieri v. Moss - 2/26/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 16, 2003
These appeals, which we now consolidate and address in one opinion, arise in the context of a medical malpractice action brought by...
Bowe v. New Jersey Manufacturers Insurance Company - 2/24/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued December 8, 2003
In this appeal we are asked to decide whether a plaintiff seeking Personal Injury Protection (PIP) benefits under N.J.S.A. 39:6A-4...
Cox v. Russell - 2/23/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued telephonically January 30, 2004
Daniel Cox appeals from two Law Division orders for summary judgment. The first, entered on May 29, 2002, dismissed...
Grande v. DiBenedetto - 2/19/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 16, 2003
This appeal requires us to consider whether a defendant doctor is entitled to compel a plaintiff to undergo an invasive procedure to...
Caviglia v. Royal Tours of America - 2/19/2004
Argued October 21, 2003
Plaintiff Jorge O. Caviglia owned and operated an uninsured motor vehicle at the time he suffered injuries in an automobile accident. Although faultless in the accident, plaintiff was exposed to a...
Scott-Neal v. New Jersey State Department of Corrections - 2/19/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted January 27, 2004
Plaintiffs appeal a summary judgment dismissing their complaint against defendants, the New Jersey Department of Corrections...
McDonald v. Lederle Laboratories - 2/18/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued January 14, 2004
Michael McDonald was born on April 13, 1989. Shortly after being inoculated, at the age of three months, with a vaccine against...
Love v. National Railroad Passenger Corporation - 2/17/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted: September 17, 2003
This is an action pursuant to the Federal Employer's Liability Act (FELA), 45 U.S.C.A. ยงยง 51 to -60, which permits railroad...
Christy v. Salem - 2/17/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued December 10, 2003
We granted defendants, Capital Health System at Fuld and Capital Health System, Incorporated (Fuld), an emergent stay and leave to...
Jerista v. Murray - 2/17/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: October 16, 2003
In this legal malpractice action, plaintiffs, Terry Jerista and Michael Jerista, appeal from summary judgment in favor of their...
Seaview Orthopaedics v. National Healthcare Resources - 2/13/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued November 12, 2003
Plaintiffs are medical service providers who, in the forty cases before us, claim defendants Allstate Indemnity Company (Allstate)...
Madan-Russo v. Grupo Posada - 2/9/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted November 3, 2003
Plaintiff Ana Madan-Russo appeals from that portion of an order of the Law Division on December 9, 2002, dismissing her complaint...
State v. Muhammed - 1/30/2004
Submitted January 5, 2004
Defendant Naseem Abdul Muhammed was charged in a Passaic County indictment with first-degree kidnapping, N.J.S.A. 2C:13-1(b)(1) (count 1); first-degree aggravated sexual assault, N.J.S.A. 2C:14-2(a)(6)...
Reichert v. Vegholm - 1/30/2004
Argued December 2, 2003
Plaintiff Lois Reichert fell while going to her dentist, defendant Arthur Gates, and injured her arms, neck, and knee. Approximately 24 days later, Reichert claims to have injured the same parts of her...
Hampton Medical Group - 1/29/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted November 17, 2003
These two matters were calendared before us back-to-back. Because they present identical issues, we consolidate them for...
Rosenberg v. Otis Elevator Company - 1/29/2004
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 29, 2003
Plaintiffs Joseph Rosenberg and his wife, Sandra Rosenberg, and plaintiffs Corrado Gigante and his wife, Mary Gigante, appeal from a...
Community Hospital Group - 12/29/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued December 2, 2003
Plaintiff The Community Hospital Group, t/a JFK Medical Center, seeks to enforce a post-employment restrictive covenant with...
Atalese v. Long Beach Township - 12/15/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued November 6, 2003
Plaintiffs, Grace Atalese and her husband Vincent, appeal from an order granting summary judgment dismissing Grace's personal injury...
Lamanna v. Proformance Insurance Company - 12/5/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 21, 2003
In this personal injury action, plaintiff sought benefits under the uninsured motorist provision of an automobile insurance...
Thompson v. Potenza - 12/5/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 20, 2003
Sara and Warren Thompson (plaintiffs) appeal from the grant of summary judgment dismissing their complaint on the basis that they...
Ferreira v. Ranocoas Orthopedic Associates - 11/24/2003
Argued March 3, 2003
The Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29, requires a plaintiff in a malpractice action to serve on a defendant within 120 days of receipt of the answer an expert's sworn statement attesting...
Knorr v. Smeal - 11/24/2003
Argued September 22, 2003
On repeated occasions, we have addressed the obligation of plaintiffs who file malpractice actions to conform to the procedural requirements of the Affidavit of Merit statute, N.J.S.A. 2A:53A-26 to -29....
Kuehn v. Pub Zone - 11/24/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 8, 2003
Plaintiff Karl Kuehn was severely injured when attacked in the men's room of a tavern in the Township of Union known as the Pub Zone...
Tomaino v. Burman - 11/20/2003
Argued September 29, 2003
Defendants Sheldon Burman, M.D. and The Male Sexual Dysfunction Institute appeal from an order of the Law Division, entered after our remand, remitting the amount of the jury's $3 million damage award,...
McMahon v. New Jersey Manufacturers Insurance Company - 11/18/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 9, 2003
Reargued November 6, 2003
We must determine whether an insurance company that suffers an adverse jury verdict in excess of its...
Galante v. May - 11/18/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 22, 2003
In this insurance coverage case we are asked to decide whether the existence of a survival action and a wrongful death action...
Woodger v. Christ Hospital - 11/10/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 21, 2003
Respondent Oscar Pizolli did not file a brief.
This personal injury negligence case raises a novel issue respecting the...
Thomas v. Hargest - 10/31/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: October 16, 2003
This case calls for an application of the"entire controversy" doctrine and the principles of mandatory joinder embodied in R....
Smith v. American Home Products Corp. - 9/23/2003
Argued August 8, 2003
Presently before this court is a unified motion by defendants, the phenylpropanolamine ("PPA") manufacturers, compelling ex parte physician interviews and seeking judicial approval of a revised medical...
DKM Residential Properties Corporation v. Township of Montgomery - 9/15/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued December 4, 2002
This appeal presents a question of first impression concerning the power of a municipal construction official to issue a notice of...
Okulicz v. Degraaff - 6/25/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 16, 2002
In this medical malpractice action plaintiff, Paul Okulicz, executor of the estate of his late wife, Nancy Okulicz, appeals from a...
O'Brien Congeneration - 6/24/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued May 6, 2003
Plaintiff O'Brien (Newark) Cogeneration, Inc. was the owner of a cogeneration plant which caught fire in 1992 causing the death of three...
Levey v. Yamaha Motor Corporation - 6/24/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued May 28, 2003
The issue presented by this appeal is whether a trier of fact may find that a product seller vitiated the effectiveness of the printed...
Botti v. CNA Insurance Co. - 6/17/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted: November 4, 2002
This appeal requires us to consider the enforceability of a"step-down" clause included in an uninsured/underinsured endorsement...
Flett Associates v. S.D.Catalano - 6/11/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued April 29, 2003
This appeal requires us to determine the standard that governs a motion for relaxation of the thirty-day period allowed under Rule...
Dziewiecki v. Bakula - 6/5/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: November 12, 2002
Plaintiff, Janusz Dziewiecki, was seriously injured in a swimming pool diving accident. He sued his hosts, Wieslaw and Elizabeth...
Doe v. Arts - 6/2/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted February 4, 2003
Plaintiff filed this action against defendants Paul Arts, M.D. ("Arts"), the Raritan Bay Medical Center ("Raritan Bay") and...
Claypotch v. Heller - 5/30/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued April 1, 2003
In this appeal, we consider the obligation of a plaintiff who has identified a defendant by a fictitious name to exercise due diligence...
Macedo v. Russo - 3/27/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: October 30, 2002
Plaintiffs filed a class action complaint against defendant Joseph Dello Russo, a licensed physician specializing in ophthalmology...
Government Employees Insurance Co. v. Allstate Insurance Co. - 3/25/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued January 22, 2003
The deemer statute, N.J.S.A. 17:28-1.4, mandates that some automobile insurance companies include within their out of-state issued...
Kosmowski v. Atlantic City Medical Center - 3/19/2003
Argued January 21, 2003
The sole issue raised in this medical malpractice-- wrongful death case is whether the complaint should have been dismissed because of the unavailability of plaintiffs' medical expert. We conclude that...
Harris v. Mitchell - 3/14/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued February 3, 2003
Plaintiff James Harris is an employee of Burnham Services Company, Inc., a certified interstate motor carrier. Pursuant to federal...
Russo v. Nagel - 3/12/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued February 3, 2003
Plaintiffs Joseph Dello Russo, M.D., Joseph Dello Russo, M.D., P.A., t/a New Jersey Eye Care Center, Medical Care, P.L.L.C., d/b/a...
Buono v. Scalia - 3/11/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued February 11, 2003
Plaintiffs appeal from a December 7, 2001 summary judgment order dismissing their personal injury complaint. The action was brought...
James v. Arms Technology - 3/11/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued December 9, 2002
Since 1995, over thirty cities and counties have filed law suits in other jurisdictions against gun manufacturers seeking to recover...
In re Commissioner's Failure to Adopt 861 CPT Codes - 3/7/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: January 15, 2003
In this case, American Insurance Association (AIA), a national insurance trade association of property and casualty insurance...
Coalition for Quality Health Care v. New Jersey Department of Banking and Insurance - 3/7/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: January 15, 2003
In this case, eight non-profit organizations of health care professionals appeal from the adoption of regulations by the...
Negron v. Colonial Penn Insurance - 3/6/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted February 13, 2003
The opinion of the court was delivered by LANDAU, J.A.D., retired and temporarily assigned on recall.
Plaintiff, Ismael...
Everett v. State Farm Indemnity Company - 3/6/2003
Argued January 7, 2003
The judgment of the Appellate Division is affirmed, substantially for the reasons expressed in the Per Curiam opinion of the Appellate Division, reported at ___ N.J. Super. ___ (2001).
CHIEF JUSTICE...
Balthazar v. Atlantic City Medical Center - 3/5/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued January 27, 2003
Plaintiff Enez Balthazar appeals from an order of May 23, 2000 dismissing with prejudice her claims for medical malpractice against...
Geler v. Akawie - 3/3/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued November 18, 2002
In this wrongful birth case, plaintiffs Milda Geler and Edward Faynin, the parents of a child who was born with Tay- Sachs disease...
Maudsley v. State - 2/27/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 7, 2002
Cape May County, Cape May County Prosecutor's Office, Cape May County Narcotics Task Force, Robert Cramer and Steven McShaffry, (the...
Vitti v. Brown - 2/11/2003
This is an action for damages for personal injury, pending in the Law Division. This opinion deals with a motion to extend the time for discovery filed after the time for discovery had expired and the matter had been scheduled for...
Casinelli v. Manglapus - 2/7/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: October 17, 2002
This appeal concerns one of a number of emerging issues arising from the Legislature's adoption of the Automobile Insurance Cost...
Distefano v. Greenstone - 2/7/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: December 11, 2002
This case presents the problem of how to deal with the "dual contingency" fee aspect of a malpractice claim against an attorney...
Swick v. New York Times Company - 2/7/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: December 17, 2002
Plaintiff John Swick, Jr. and his wife, Deborah Swick, appeal from a judgment of the Law Division dismissing their claim against...
Clarke v. Township of Mount Laurel - 2/7/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted: November 6, 2002
Decedent was fatally shot by the police after he brandished a weapon inside his parents' home. Plaintiffs filed these wrongful...
President v. Jenkins - 2/6/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued January 8, 2003
In these consolidated appeals from an underlying medical malpractice action, we consider primarily whether the physician alleged to...
White v. Mattera - 2/5/2003
Argued October 8, 2002
In this appeal we must determine whether the hospital liability limit of $10,000, subsequently revised to $250,000 in 1991, N.J.S.A. 2A:53A-8, applies when the alleged malpractice of a nonprofit hospital...
Calalpa v. Dae Ryung Co. - 1/31/2003
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued January 15, 2003
This appeal arises in the context of a workers' compensation benefitted employee's settled intentional wrong tort litigation against...
Alisades Safety & Insurnace Association v. Bastien - 1/29/2003
Argued November 18, 2002
This appeal concerns entitlement to personal injury protection ("PIP") benefits pursuant to N.J.S.A. 39:6A-4. We are called on to consider whether a wife, who resides with her husband (the insured) but...
Everett v. State Farm Indemnity Co. - 12/31/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued November 8, 2001
Plaintiff was injured in an automobile accident on January 27, 1996. On April 27, 1998, he filed a complaint against State Farm, his...
Simpkins v. Saiani - 12/11/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 2, 2002
This appeal requires us to interpret the meaning of the term "net proceeds" in N.J.S.A. 2A:17-56.23b, enacted on August 14, 2000....
State v. Negron - 12/11/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted: October 2, 2002
Defendant, Armando Negron, was convicted by a jury of murder, N.J.S.A. 2C:11-3a(1), (2), and possession of a weapon for unlawful...
Shaw v. City of Jersey City - 12/11/2002
Argued September 9, 2002
In this appeal we must decide whether a tortfeasor's intentional act may constitute an "accident" within the meaning of New Jersey's uninsured motorist statute, N.J.S.A. 17:28-1.1. The courts below relied...
Nielsen v. Lee - 12/3/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted November 19, 2002
This is a sidewalk fall-down case in which the asserted sidewalk defect resulted from the heaving of a concrete slab caused by...
State v. Milne - 12/3/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: October 30, 2002
This case involves defendant's claim for post-conviction relief. R. 3:22. He asserts that under the version of N.J.S.A. 2C:4-2, the...
Sinclair v. Roth - 11/27/2002
As amended January 3, 2003.
ESTHER A. SINCLAIR, AS EXECUTRIX OF THE ESTATE OF WILLIAM A. SINCLAIR AND ESTHER A. SINCLAIR, AS EXECUTRIX AD PROSEQUENDUM ON BEHALF OF THE HEIRS OF WILLIAM A. SINCLAIR, PLAINTIFF-APPELLANT, v. STEVEN...
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