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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Janelli v. Keeper - 6/5/1998
This matter comes before the court on defendant's motion to dismiss plaintiff's complaint for failure to comply with the affidavit of merit statute N.J.S.A. 2A:53A-26 to -29.
The plaintiff's complaint alleges that on September 3,...
State v. Zeidell - 6/4/1998
Argued February 17, 1998
On appeal from the Superior Court, Appellate Division, whose opinion is reported at 299 N.J. Super. 613 (1997).
The opinion of the Court was delivered by
The issue raised in this appeal is...
Corcoran v. Roebuck - 6/3/1998
Argued March 24, 1998
On appeal from the Superior Court of New Jersey, Law Division, Bergen County.
Plaintiff, Thomas Corcoran, sustained a severe injury to his left eye while using a pair of needle nose pliers sold by...
In re Adoption of Baby T - 5/29/1998
Submitted March 25, 1998
On appeal from the Superior Court of New Jersey, Chancery Division - Family Part, Camden County.
Nishat Zedie, M.D., a defendant in a medical malpractice wrongful death and survivorship action,...
Estate of Chin v. St. Barnabas - 5/27/1998
Argued April 22, 1998
This claim arises out of the tragic and avoidable death of Angelina Chin during a hysteroscopy, a diagnostic procedure in which death is not an anticipated risk. The trial court submitted the case to the...
Mitzner v. West Ridgelawn Cemetery Inc. - 5/26/1998
Argued May 13, 1998
We granted defendant West Ridgelawn Cemetery, Inc. ("Ridgelawn"), leave to appeal from a denial of its motion for summary judgment. The case poses this issue: may the two-year statute of limitations for...
Planet Insurance Co. v. Anglo American Insurance Co. - 5/22/1998
Argued: April 29, 1998
Plaintiff, Planet Insurance Company (Planet), filed a declaratory judgment action seeking a determination that defendant Anglo American Insurance Company (Anglo) was obligated to provide primary liability...
Diakamopoulos v. Monmouth Medical Center - 5/21/1998
Argued - February 3, 1998
This is a medical malpractice action. Plaintiff Jill Diakamopoulos, as administrator ad prosequendum for the Heirs-at-Law of Basilica Diakamopoulos, deceased, and Jill Diakamopoulos and Theodoros...
Palmucci v. Brunswick Corp. - 5/21/1998
Argued March 24, 1998
On appeal from the Superior Court of New Jersey, Law Division, Ocean County.
In this appeal, we are required to compare two separate provisions of the Uniform Commercial Code: N.J.S.A. 12A:2-608 and...
Campbell v. Lion Insurance Co. - 5/20/1998
Argued May 6, 1998
This is a declaratory judgment action involving the parties' rights under an automobile insurance policy. Plaintiffs, Gary and Barbara Campbell, assert a right to arbitrate claims for uninsured motorist or...
Schillaci v. First Fidelity Bank - 5/20/1998
Argued February 25, 1998
On appeal from the Superior Court of New Jersey, Law Division, Salem County
Plaintiff Sandra Schillaci was the manager of Cumberland Farms' Woodstown, New Jersey dairy store. Her duties included...
Einwechter v. Marciano - 5/18/1998
Argued April 1, 1998
On appeal from the Superior Court of New Jersey, Law Division, Atlantic County
On December 6, 1994, at about 8:00 a.m., plaintiffs Michael Einwechter and Steven Warriner were riding in a van driven by...
Bennett v. Surgidev Corp. - 5/15/1998
Argued November 18, 1997
Plaintiff, Sylvia Bennett, appeals from the grant of summary judgment to defendants, Theodore Pearlman, M.D. and St. Clare's Riverside Hospital, on plaintiff's complaint alleging that on September 22,...
Fiore v. Riverview Medical Center - 5/14/1998
Argued April 27, 1998
In this personal injury action, plaintiffs appeal a jury verdict which found both plaintiff Meirav Fiore and defendant Riverview Medical Center negligent, apportioned 60% negligence to Riverview and awarded...
Stevenson v. State Farm Indemnity Co. - 5/14/1998
Argued: March 18, 1998
I.
The issue in this appeal is whether an insurance carrier must provide personal injury protection (PIP) benefits, pursuant to N.J.S.A. 39:6A-4, to claimants who sustained bodily injuries during...
Mettinger v. Globe Slicing Mach. Co. - 5/14/1998
Argued November 17, 1997
The ultimate issue is whether W.W. Lowensten, Inc. (Lowensten), a distributor, which sold and serviced a defective meat slicer that injured plaintiff, David Mettinger, is entitled to maintain an action...
Luczak v. Township of Evesham - 5/12/1998
Plaintiff, Nora Luczak, appeals from a directed verdict granted to defendant, Evesham Township, in plaintiff's wrongful death action brought against defendant under the Tort Claims Act, N.J.S.A. 59:1-1 et seq. (The Act). Defendant was...
Michelman v. Ehrlich - 5/6/1998
Argued March 17, 1998
On appeal from the Superior Court of New Jersey, Law Division, Essex County.
The issue to be decided is whether plaintiff, Stanley Michelman, may bring an action for his grandson's "wrongful birth." ...
Dalton v. Barone - 5/5/1998
Submitted: March 31, 1998
On appeal from the Superior Court of New Jersey, Law Division, Bergen County.
Plaintiffs appeal from the dismissal of their automobile negligence, personal injury complaint after an adverse jury...
Fayer v. Keene Corp. - 4/28/1998
Argued February 4, 1998
From approximately 1969, when plaintiff Gregory Fayer was eighteen years old, until some time after 1976, he worked at jobs where the air was heavy with microscopic asbestos fibers from insulation...
Grant v. Thomas - 12/31/1997
Submitted: December 9, 1997
Defendant, Amex Assurance Company, plaintiff's automobile insurer, appeals by leave granted from a non-final summary judgment declaring that the New Jersey "deemer" statute, N.J.S.A. 17:28-1.4, imposes...
Smith v. Farber - 12/31/1997
Argued December 2, 1997
Plaintiffs appeal from the dismissal of their complaint filed against defendants Arthur I. Farber, an attorney, Peter Vallas Associates ("Vallas"), professional mechanical engineers, and Harold Yelner, its...
Allen v. Krause - 12/30/1997
Argued December 2, 1997
These appeals were separately docketed, briefed, and argued. Although the factual patterns of the appeals differ somewhat, the appeals parallel each other with respect to the applicable legal principles....
Johnson v. American Homestead Mortg. Corp. - 12/24/1997
The opinion of the court was delivered by
PRESSLER, P.J.A.D.
This is a real estate appraiser malpractice case in which the jury found defendant Donald A. Farinella sixty percent responsible and defendant Brien Danko forty...
Palmisano v. Pear - 12/19/1997
The opinion of the court was delivered by
HAVEY, P.J.A.D.
In this medical malpractice case, plaintiffs appeal from a judgment entered on a no-cause verdict in favor of defendant, Leonard Nicosia, M.D.
In her...
Posta v. Chung-Loy - 12/18/1997
The opinion of the court was delivered by
WALLACE, JR., J.A.D.
Plaintiff John Posta appeals from the involuntary dismissal of his medical malpractice action against defendants, Harold E. Chung-Loy, M.D., David M. Rosenheck,...
Matter of Blumenstyk - 12/12/1997
(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the...
IFA Ins. Co. v. Levin - 12/12/1997
OPINION WITHDRAWN
IFA INSURANCE COMPANY, PLAINTIFF-APPELLANT/CROSS-RESPONDENT, v. HOWARD LEVIN AND MYRNA LEVIN, DEFENDANTS-RESPONDENTS/CROSS-APPELLANTS, AND AMGRO INSURANCE COMPANY, AS SERVICING CARRIER FOR THE MARKET TRANSITION...
Congiusti v. Ingersoll-Rand Co. - 12/11/1997
The opinion of the court was delivered by
DREIER, P.J.A.D.
Plaintiffs, Dominick Congiusti and Nancy Congiusti, appeal from a judgment for defendant, Ingersoll-Rand Company, Inc., based upon a jury verdict in this product...
Jeffer v. National Union Fire Ins. Co. of Pittsburgh - 12/10/1997
The opinion of the court was delivered by SHEBELL, P.J.A.D.
This appeal involves the interpretation and application of an exclusion clause in a professional liability insurance policy and also application of the entire...
Taylor by Taylor v. Cutler - 12/8/1997
The opinion of the court was delivered by
KEEFE, J.A.D.
In this appeal we must decide whether a negligent motorist, who injures a woman in an automobile accident, owes a duty to that woman's child who was not yet conceived...
Matter of Freimark - 12/5/1997
(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the...
Barbera v. Martino - 12/4/1997
The opinion of the court was delivered by
CONLEY, J.A.D.
Plaintiff, a former Assistant Trial Court Administrator (ATCA) in Camden County, appeals a jury verdict in favor of the State defendants on his Law Against...
Mannes v. Healey - 12/2/1997
The opinion of the court was delivered by
HAVEY, P.J.A.D.
In this personal injury action, plaintiff was struck by a vehicle owned and operated by defendant Candace Healey while Healey was travelling from her home to her...
Vitrano by Vitrano v. Schiffman - 12/1/1997
The opinion of the court was delivered by
BRAITHWAITE, J.A.D.
In this medical malpractice case, plaintiffs , Peter Vitrano, an infant by his guardian ad Litem, Frank Vitrano, and Frank Vitrano, individually, appeal from a...
Allis-Chalmers Corp. Product Liability Trust v. Liberty Mut. Ins. Co. - 11/26/1997
The opinion of the court was delivered by
SHEBELL, P.J.A.D.
On March 29, 1990, Marisa Dalfonzo, the wife of the decedent, Peter Dalfonzo, filed a wrongful death action in the Law Division naming Foley Towlift, Inc., Lift...
Akef v. BASF Corp. - 11/21/1997
The opinion of the court was delivered by
P.G. LEVY, J.A.D.
We first considered this matter in 1994 when we held that liability for petitioner's permanent disability, based on acute bronchial asthma and its associated...
Frields v. St. Joseph's Hosp. and Medical Center - 11/18/1997
The opinion of the court was delivered by
CUFF, J.A.D.
Plaintiff William B. Frields, Administrator of the Estate of William T. Frields, appeals from orders granting summary judgment in favor of defendants St. Joseph's...
Staron v. Weinstein - 11/12/1997
The opinion of the court was delivered by
STERN, J.A.D.
After attorney Sheldon Weinstein defaulted in this legal malpractice action, summary judgment was granted in favor of defendant Robert C. Thelander, and plaintiffs...
Sparrow v. La Cachet - 11/12/1997
The opinion of the court was delivered by
SKILLMAN, J.A.D.
Plaintiff was employed as a beautician by defendant La Cachet, Inc. When she reported for work on the morning of February 8, 1991, plaintiff was informed that there...
Durrenberger v. Ferris - 11/10/1997
The opinion of the court was delivered by KIMMELMAN, J.A.D.
Plaintiff G.H. Durrenberger appeals both from the entry of a judgment of no cause of action in his personal injury action, and from the denial of his motion for a new...
Sayre v. Insurance Co. of North America - 11/6/1997
Argued September 22, 1997
On leave granted, defendant New Jersey Surplus Lines Guaranty Fund (Fund) appeals from a denial of its motion for summary judgment which had been based on recent amendments, effective January 8, 1997, to...
Knox v. Lincoln General Ins. Co. - 9/26/1997
The opinion of the court was delivered by
KIMMELMAN, J.A.D.
In this declaratory judgment action, plaintiffs, the general representatives and administrators ad prosequendum of the estate of their mother, Eleanor M. Knox, who...
Alloway v. General Marine Industries - 6/30/1997
(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the...
Ibarra v. Vetrano - 6/30/1997
The opinion of the court was delivered by
D'ANNUNZIO, J.A.D.
Plaintiff in this automobile negligence action appeals, pursuant to leave granted, from an order determining that she is subject to the verbal threshold contained...
Callahan v. Stanley Works - 6/30/1997
CIVIL ACTION
JOHN D'AMICO, J.S.C.
Plaintiff Joseph Callahan (Callahan) alleges that on December 31, 1993, he was employed at the Woodbridge, New Jersey, store of defendant Home Depot U.S.A., Inc. (Home Depot). Callahan and...
Hartsfield v. Fantini - 6/27/1997
(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the...
Saez v. S & S Corrugated Paper Machinery Co. - 6/27/1997
The opinion of the court was delivered by
DREIER, P.J.A.D.
Defendants Corrugated Gear & Sprocket, Inc. and Corrflex, Inc. (hereinafter collectively called Corrflex), and defendants Prime Technology, Inc., Corrugated...
Maimone v. Liberty Mut. Ins. Co. - 6/24/1997
The opinion of the court was delivered by
KIMMELMAN, J.A.D.
This appeal involves a dispute between two insurance carriers as to which of the two is responsible as the primary carrier and which is responsible as the excess...
Comitale v. Masters - 6/23/1997
The opinion of the court was delivered by
NEWMAN, J.A.D.
Plaintiff, Bernadette Comitale, appeals from the grant of summary judgment dismissing her complaint and from the denial of a motion for reconsideration of that...
Tornatore v. Selective Ins. Co. of America - 6/17/1997
The opinion of the court was delivered by
KING, P.J.A.D.
I.
This is an unusual claim asserted by plaintiff James Tornatore under the uninsured motorist endorsement of a standard automobile policy. Uninsured motorist...
State v. One 1990 Honda Accord - 6/16/1997
The opinion of the Court was delivered by
LONG, P.J.A.D.
The issue raised in this case is whether the owner of property subject to forfeiture under N.J.S.A. 2C:64-1 is entitled to a jury trial pursuant to article 1,...
Peteroy v. Trichon - 6/12/1997
The opinion of the court was delivered by
SKILLMAN, J.A.D.
This appeal requires us to determine whether Rule 1:21-7, which governs contingent fee agreements, applies to an agreement between an out-of-state law firm and a...
Ramos v. M & F Fashions - 6/11/1997
The opinion of the court was delivered by
VILLANUEVA, J.A.D.(retired and temporarily assigned on recall).
The Second Injury Fund ("SIF") appeals from the final decision of the Workers' Compensation Division which concluded...
Kimmel v. Dayrit - 6/5/1997
The opinion of the court was delivered by
WECKER, J. S.C. (temporarily assigned).
Plaintiff Sylvia Kimmel, as executrix of the estate of her late husband, Elias M. Kimmel, appeals from a judgment dismissing her wrongful...
Unkert by Unkert v. General Motors Corp. - 6/4/1997
The opinion of the court was delivered by
D'ANNUNZIO, J.A.D.
On October 25, 1988, James Unkert was operating his Chevrolet pickup truck when his vehicle crossed into the oncoming lane and collided with a dump truck. James...
Grzanka v. Pfeifer - 6/3/1997
The opinion of the court was delivered by
DREIER, P.J.A.D.
Plaintiffs, Patrice M. Grzanka and Kurt P. Pfeifer, appeal from summary judgments dismissing their complaints against the City of Paterson and American Winko-Matic...
Brock v. Public Service Elec. & Gas Co. - 5/29/1997
The opinion of the Court was delivered by
STEIN, J.
This appeal concerns the effect of a failure to comply with the notice requirement of N.J.S.A. 34:15-33 on an employee's right to recover workers' compensation benefits...
Ocasio v. Amtrak - 3/27/1997
The opinion of the court was delivered by
SKILLMAN, J.A.D.
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...
Tindal v. Smith - 3/26/1997
The opinion of the court was delivered by
STERN, J.A.D.
This is another difficult case involving a claim of medical malpractice impacted by a pre-existing condition and assertions that the patient's health habits...
Dowler v. Boczkowski - 3/25/1997
(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the...
MacKenzie v. New Jersey Auto. Full Ins. Underwriting Ass'n - 3/24/1997
The opinion of the court was delivered by
CONLEY, J.A.D.
This appeal arises from plaintiff insured's suit against his licensed broker, Theresa Cotugno/New Jersey Shore Insurance Brokers, Inc. (Shore), and against his...
Illiano v. Seaview Orthopedics - 3/24/1997
The opinion of the court was delivered by
PRESSLER, P.J.A.D.
This appeal raises an entire controversy issue. Plaintiffs Giuseppe Illiano, Coreen A. Illiano, his wife who sues per quod, and their original personal injury...
Mataras v. Mataras - 3/21/1997
The opinion of the court was delivered by
VILLANUEVA, J.A.D.(retired and temporarily assigned on recall).
This appeal involves claims contained in plaintiff's Third Amended Complaint in which she, as widow of Anthony...
Pettinato v. Cigna Property & Cas. Companies - 3/21/1997
LEHRER, J.S.C.
STATEMENT OF FACTS
This consolidated matter is comprised of three separate actions. In the underlying action, plaintiff Dr. Joseph DeCarlo ("DeCarlo") instituted suit against Joseph Pettinato ("Pettinato")...
Donato v. Market Transition Facility of New Jersey - 3/21/1997
The opinion of the court was delivered by
SHEBELL, P.J.A.D.
Defendant, Market Transition Facility of New Jersey ("MTF"), appeals from a summary judgment order requiring it to provide Underinsured (UIM) coverage to...
Golinski v. Hackensack Medical Center - 3/20/1997
The opinion of the court was delivered by
CUFF, J.A.D.
In this medical malpractice case, we must determine whether the jury should have been instructed in accordance with the increased risk of harm standard of causation of...
Lombardo v. Borsky - 3/20/1997
The opinion of the court was delivered by
STERN, J.A.D.
Plaintiff appeals from an order dismissing her complaint against defendants, Martin Borsky, M.D., and St. Peter's Medical Center, alleging the failure to obtain...
Ranalli v. Edro Motel Corp. - 3/18/1997
The opinion of the court was delivered by
BAIME, J.A.D.
The novel question presented in this appeal is whether a motel owner is strictly liable in tort for injuries caused by a defective cooking utensil supplied to a guest....
Evangelou v. Terzano - 3/12/1997
The opinion of the court was delivered by
MICHELS, P.J.A.D.
Defendant New Jersey Automobile Full Insurance Underwriting Association (the NJAFIUA) appeals from three orders of the Law Division entered in this insurance...
DeVries v. Paterson Habitat for Humanity - 3/11/1997
(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the...
Steele v. Kerrigan - 3/6/1997
(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the...
Hall v. Minder - 3/5/1997
The opinion of the court was delivered by
SHEBELL, P.J.A.D.
Plaintiff, Tamika Hall, appeals the dismissal on summary judgment of her complaint which alleged that, as a result of defendant Legious Minder's negligence while...
Kurak v. A.P. Green Refactories Co. - 3/3/1997
The opinion of the court was delivered by
COBURN, J.S.C. (temporarily assigned).
In separate appeals, which we have consolidated, defendants Owens-Corning Fiberglas Corporation (OCF) and Owens-Illinois, Inc. (OI) seek...
Dunn v. County of Morris - 2/28/1997
The opinion of the court was delivered by
LOFTUS, J.A.D.
Katherine Dunn (Dunn) and her spouse Edward Dunn, plaintiffs, appeal from an order of a Law Division Judge granting summary judgment in favor of the County of Morris...
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