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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Finderne Management Co. - 11/20/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 1, 2002
This appeal addresses claims of accounting malpractice against third-party defendant John Rossi, a certified public accountant, by...
Prata v. Banner Pharmacaps - 11/19/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 7, 2002
This is an employer's appeal from a workers' compensation judgment in favor of the employee for seven and one-half percent permanent...
Champion Dyeing & Finishing Co. - 11/19/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued September 9, 2002
This insurance case raises issues relating to the trigger of coverage and the allocation of the duty to provide indemnification for...
State v. Nasir - 11/15/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 28, 2002
Defendant Muhammad A. Nasir was found to have violated the New Jersey Insurance Fraud Prevention Act (the "Act"), N.J.S.A....
Gooch v. Choice Entertaining Corporation - 11/12/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 7, 2000
Defendant/third-party plaintiff, Glenn King, appeals from a judgment in favor of third-party defendants, awarding them costs and...
Rios v. Szivos - 11/6/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 8, 2002
We granted leave to appeal to consider whether a treating physician's certificate, in compliance with N.J.S.A. 39:6A-8(a), is, by...
Soules v. Mount Holiness Memorial Park - 11/6/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 23, 2002
This is plaintiff's appeal from a grant of summary judgment in favor of the defendants. Plaintiff, an employee of defendant, Mt....
Vassilui v. Daimler Chrysler Corp. - 11/6/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 23, 2002
This appeal arises from a personal injury automobile complaint, brought by plaintiff Christine R. Vassiliu both as General...
Konopka v. Foster - 10/31/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted October 7, 2002
Plaintiff Teresa Konopka was allegedly injured in a motor vehicle accident that occurred on June 28, 1999 and thus after the...
Wiese v. Dedhia - 9/30/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted September 11, 2002
This case involves dual issues concerning the applicability of both:
(1) R. 4:58-1 to husband and wife plaintiffs whose...
Macchi v. Connecticut General Insurance Company - 8/20/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: May 6, 2002
Plaintiff sustained injuries when she stopped and left the car she was driving to help the driver of another, overturned vehicle. She...
Kemp v. State - 8/20/2002
Argued October 10, 2001
In this appeal we consider whether plaintiffs' expert's opinion, determined by the trial court to be scientifically unreliable, properly was excluded from evidence. Plaintiffs, Delisha Kemp (Delisha), a...
Couri v. Gardner - 7/29/2002
Argued March 12, 2002
In this appeal we are called upon to determine the applicability of the Affidavit of Merit Statute, N.J.S.A. 2A:53A-26 to -29 (statute) to plaintiff's claim.
Specifically, we must decide whether...
de Tarquino v. City of Jersey City - 6/28/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued April 23, 2002
We granted plaintiff's motion for leave to appeal to determine whether the immunity N.J.S.A. 26:2K-29 confers upon "EMT-intermediate "...
Salemke v. Sarvetnick - 6/27/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued May 29, 2002
Plaintiff, Lupita Salemke, individually and as Administratrix of the Estate of Ginger Truan, filed a wrongful death action arising out...
Rosenberg v. Tavorath - 6/27/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: June 5, 2002
Plaintiff, Rita B. Rosenberg, the executrix and administratrix ad prosequendum of the estate of her deceased husband, David L....
Ballinger v. Delaware River Port Authority - 6/25/2002
Argued April 29, 2002
This appeal presents two issues of first impression: first, whether the Delaware River Port Authority (DRPA) and its employees are subject to the New Jersey Conscientious Employee Protection Act (CEPA);...
Quincy Mutual Fire Insurance Company v. Borough of Bellmawr - 6/25/2002
Argued January 29, 2002
This appeal raises two important issues relating to environmental pollution liability. First, we must determine under the "continuous trigger theory" of liability whether an insurance policy in effect at...
Roman v. Correra - 6/19/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: February 14, 2002
In this appeal, we consider whether unemancipated children who are primarily members of their mother's household, but who are also...
Howard v. University of Medicine and Dentistry of New Jersey - 6/18/2002
Argued January 2, 2002
In this appeal we consider what causes of action will lie when a plaintiff contends that a physician misrepresented his credentials and experience at the time he obtained the plaintiff's consent to surgery....
Rosario v. Haywood - 6/17/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued May 7, 2002
After exiting a school bus operated by defendant University Bus Company (University Bus), Raymond Rosario, a minor, was struck by a motor...
Mayer Pollock Steel Corporation v. New Jersey Surplus Lines Insurance Guaranty - 6/13/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued May 20, 2002
Plaintiff Mayer Pollock Steel Corporation appeals from a summary judgment in favor of defendant New Jersey Surplus Lines Insurance...
Reynolds v. Gonzalez - 6/11/2002
Argued February 25, 2002
In this appeal, plaintiff contends that the Court should eliminate the "substantial factor" test in increased-risk medical malpractice cases. See Scafidi v. Seiler, 119 N.J. 93 (1990); Evers v. Dollinger,...
Aquino v. State Farm Insurance Companies - 3/27/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: January 15, 2002
These two appeals were argued together before us; they arise out of the same factual complex and present related issues. We...
Frugis v. Bracigliano - 3/22/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: January 28, 2002
Reconsideration Granted: May 1, 2002
Decision upon Reconsideration: May 8, 2002
This appeal and cross-appeal arise...
Dare v. Freefall Adventures - 3/21/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued February 4, 2002
Plaintiff Joseph Dare was injured in a skydiving accident when he attempted to avoid colliding with defendant Eric Keith Johnson, a...
Woods v. Shop-Rite Supermarkets - 3/8/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued February 5, 2002
The issue presented by this appeal is whether oral notification of an intention to demand a trial de novo following an arbitration...
United States Mineral Products Company v. American Insurance Company - 3/7/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: October 3, 2001
In this declaratory judgment action between a manufacturer of asbestos-containing products and its insurers, we examine the issue of...
Leming v. Harrah's Hotel & Casino - 3/6/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted February 4, 2002
Plaintiff Lawrence J. Leming appeals the Law Division's grant of summary judgment dismissing his complaint on the ground that the...
Straubinger v. Schmitt - 3/5/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued December 11, 2001
The law firm of Levine and Wallerstein (Wallerstein), attorneys for plaintiff Della Straubinger, appeals from a judgment of the Law...
Coalition for Quality Health Care v. State Dep't of Banking and Insurance - 3/4/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
OPINION CORRECTED 03/11/02
Argued January 16, 2002
In this case we consider the validity of approvals issued by the Commissioner of the Department of...
Laidlow v. Hariton Machinery Company - 2/25/2002
Chief Justice Poritz PRESIDING
Argued November 5, 2001
The Workers' Compensation system has been described as an historic "trade-off" whereby employees relinquish their right to pursue common-law remedies in exchange for...
Brunell v. Wildwood Crest Police Department - 2/21/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued (A-1961-00T3): January 16, 2002 - Argued Telephonically (A-2044-00T3): January 10, 2002
On appeal from the Division of Workers' Compensation. ...
Richardson v. Union Carbide Industrial Gases - 2/11/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued January 22, 2002
In this appeal, we are required to address whether the "knock- out" rule applies in New Jersey when there are conflicting terms in a...
Medeiros v. O'Donnell & Naccarato - 2/11/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued January 14, 2002
This is an appeal that requires us to determine whether the Affidavit of Merit Statute ("AMS" or "statute"), specifically, N.J.S.A....
Pace v. Kuchinsky - 2/4/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued November 27, 2001
On March 26, 1998 plaintiff, Louis Pace, and his wife Diane filed a complaint for injuries he allegedly sustained on March 29,...
Erny v. Estate of Merola - 1/30/2002
Argued September 24, 2001
On certification to the Superior Court, Appellate Division, whose opinion is reported at 333 N.J. Super. 88 (2000).
The choice-of-law question presented in this appeal requires the Court to decide...
American Fire & Casualty Insurance Co. v. Manzo - 1/29/2002
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
OPINION CORRECTED 2/6/02
Argued: October 16, 2001
This matter is before the court on an appeal and cross-appeal from orders entered by the trial court...
Prince v. Garruto - 12/27/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued December 4, 2001
This is a legal malpractice case. Plaintiff Brett J. Prince appeals from a summary judgment dismissing his complaint against...
Flizack v. Good News Home for Women - 12/26/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued November 28, 2001
Plaintiff appeals from a summary judgment, dismissing her claims against defendants for violations of the Law Against...
Spaulding Composites Co. - 12/26/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: October 10, 2001
Plaintiff Spaulding Composites Company sought a declaration that the non-cumulation clause in the insurance policies of Liberty...
Borowinski v. Board of Review - 12/21/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: November 28, 2001
Claimant, William J. Borowinski, Esquire, appeals from the denial of unemployment benefits from February 8, 2000 through March l8,...
Hefferon v. Gitler - 12/21/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted: December 5, 2001
In this medical malpractice action, plaintiff, Margaret Hefferon, Administratrix of the Estate of Susan Hefferon, appeals from...
Muller v. Exxon Research and Engineering Co. - 12/17/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: November 28, 2001
Plaintiff, Arthur Muller, appeals from an order granting summary judgment and dismissing plaintiff's complaint alleging a...
Harleysville Insurance Companies v. Garitta - 12/17/2001
Argued September 17, 2001
On certification to the Superior Court, Appellate Division.
This is a declaratory judgment action. Plaintiff insurer seeks a declaration that the homeowner's policy purchased by the insured does...
Township of West Windsor v. Nierenberg - 12/13/2001
As amended January 16, 2002.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: November 15, 2001
The issue in this case involves the rates of interest to be applied from the date of filing of...
Scullion v. State Farm Insurance Company - 12/6/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: October 22, 2001
In this appeal, we are again confronted with an award of counsel fees in a sum grossly disproportionate to the amount in dispute....
Housley v. Wave Energy Systems - 8/14/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued May 1, 2001
Before Judges Kestin and Ciancia.
In these consolidated products liability cases, six nurses sued the manufacturers and suppliers...
Lax v. Princeton University - 8/10/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued May 22, 2001
Plaintiff appeals from a summary judgment which dismissed her personal injury action against Princeton University (University), the...
Shelcusky v. Garjulio - 8/9/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted July 30, 2001
Before Judges Lintner and Weissbard.
Plaintiff, Richard Shelcusky, an employee of Reckitt and Coleman (R&C;, was injured...
Scaffidi v. Horvitz - 8/9/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued July 24, 2001
Before Judges Skillman and Lisa.
The Affidavit of Merit Statute, N.J.S.A. 2A:53A-26 to 29, states that a plaintiff in a...
Aetna Casualty & Surety Co. v. Ply Gem Industries - 8/2/2001
As amended September 4, 2001.
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued March 20, 2001
Third party defendant Commercial Union Insurance Company ("CU") appeals from a February 7, 1997...
Wright v. State - 7/31/2001
Argued April 30, 2001
On appeal from the Superior Court, Law Division, Somerset County.
This is an interlocutory appeal arising from a civil action for false arrest, invasion of privacy, malicious prosecution, false...
Mantilla v. NC Mall Associates - 3/27/2001
Justice Stein PRESIDING
Argued January 3, 2001
On certification to the Superior Court, Appellate Division.
This appeal requires us to decide whether Newport Centre Mall Associates and M.S. Management Associates...
First National Bank of Chicago as Trustee for the Benefit of the Holders of Commercial Mortgages Pass-Through Certificates - 3/23/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued March 14, 2001
The question presented is whether a mortgagee can foreclose on a municipal port authority's real estate. Since the answer is no and...
Quincy Mutual Fire Insurance Company v. Borough of Bellmawr - 3/20/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued October 3, 2000
This appeal concerns allocation of insurer responsibility for environmental pollution liability of the Borough of Bellmawr (Bellmawr)...
Kritzberg v. Tarsny - 3/20/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued February 27, 2001
In this appeal we again interpret and apply the Affidavit of Merit Statute, N.J.S.A. 2A:53A-27. In this medical malpractice action,...
Severinsen v. Widener University - 3/14/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued February 22, 2001
The question presented by this appeal is whether New Jersey courts may exercise personal jurisdiction over an out-of-state...
Howard v. University of Medicine and Dentistry of New Jersey - 3/13/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued January 18, 2001
Plaintiffs, Joseph and Marie Howard, appeal an order denying their motion to amend their complaint to include a count for fraudulent...
Pfenninger v. Hunterdon Central Regional High School - 3/13/2001
ON CERTIFICATION TO Appellate Division, Superior Court
Chief Justice Poritz PRESIDING
OPINION BY Per Curiam
DISSENTING OPINION BY Justice Coleman
Argued September 26, 2000
This wrongful death action was...
Borough Of Berlin v. Remington & Vernick Engineers - 3/12/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued February 15, 2001
Plaintiff Borough of Berlin sued defendant Remington & Vernick Engineers ("R&V;) for negligence in planning, designing and...
Sonoco Products Company - 3/8/2001
Argued: February 20, 2001
This appeal involves a dispute as to primacy and apportionment of coverage between two umbrella carriers, U.S. Fire Insurance Company ("U.S. Fire") and Lexington Insurance Company ("Lexington"). The...
Schwartz v. Jordan - 3/5/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued February 14, 2001
Following a three-day liability trial, the jury concluded that, although Plainsboro Township had created a dangerous condition of...
Campagna v. American Cyanamid Co. - 3/5/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued January 16, 2001
I. Introduction
Plaintiff John Scott Campagna ("John") was born on June 27, 1979. On December 8, 1979, John's mother,...
Troum v. Newark Beth Israel Medical Center - 3/5/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued January 31, 2001
Arthur Troum was infected with the human immunodeficiency virus (HIV) when a tainted blood product was administered during...
Darwin v. Gooberman - 3/5/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted: February 7, 2001
I.
This is a medical-malpractice case in an unusual context. The four-count complaint asserts several theories of...
Lee v. General Accident Insurance Co. - 3/2/2001
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Submitted February 7, 2001
Plaintiff was injured when a motorcycle he was operating became involved in an accident with an automobile. After instituting...
Hallion v. Liberty Mutual Insurance Company - 3/1/2001
Argued January 10, 2001
Defendant Liberty Mutual Insurance Company (Liberty Mutual) appeals from the entry of a judgment compelling it to arbitrate plaintiff's underinsurance motorist claim (UIM). The judgment also provided that...
State v. Thomas - 2/28/2001
Argued October 11, 2000
This appeal raises questions concerning the scope of the mandatory sentencing provisions of the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. Specifically, we must decide whether NERA may be applied to...
AAA Mid-Atlantic Insurance of New Jersey v. Prudential Property & Casualty Insurance Company - 12/22/2000
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued: October 25, 2000
Before Judges King and Axelrad.
The two issues raised in this appeal are: (1) whether courts, rather than arbitrators, have...
Velazquez v. Jiminez - 12/19/2000
Argued October 16, 2000
Conor Velazquez (now deceased) and his parents, Charmaine and Jose Velazquez, individually and in representative capacities (plaintiffs) appeal from the entry of judgment n.o.v. sua sponte by the trial...
O'Connell v. State - 12/11/2000
Argued October 23, 2000
On appeal from Superior Court of New Jersey, Law Division, Passaic County.
The issue raised by this appeal is whether defendant Montclair State University (Montclair State) is entitled to immunity...
Laidlow v. Machinery Co. - 12/6/2000
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued September 20, 2000
On appeal from Superior Court of New Jersey, Law Division, Morris County.
Plaintiff Rudolph Laidlow suffered a serious and...
Ali v. Rutgers - 11/30/2000
Argued September 12, 2000
On certification to the Superior Court, Appellate Division.
In Montells v. Haynes, 133 N.J. 282 (1993), this Court held that claims arising under the Law Against Discrimination, N.J.S.A. 10:5-1 to...
Mayfield v. Community Medical Associates - 11/28/2000
NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION
Argued November 8, 2000
On appeal from the Superior Court of New Jersey, Law Division, Monmouth County.
This appeal presents another opportunity for...
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