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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DiMura v. Knapik - 11/16/1994
The opinion of the court was delivered by VILLANUEVA, J.A.D.
Plaintiff appeals from the dismissal without prejudice of her personal injury complaint because the proceeding against one of the defendants was stayed in the...
Becker v. Baron Bros. - 11/15/1994
The opinion of the court was delivered by
CLIFFORD, J.
On the strength of Beshada v. Johns-Manville Products Corp., 90 N.J. 191, 447 A.2d 539 (1982), the Appellate Division ruled that all asbestos products marketed...
Rodriguez v. Luciano - 11/10/1994
The opinion of the court was delivered by SKILLMAN, J.A.D.
Plaintiff appeals from an order entered on September 10, 1993, dismissing her complaint with prejudice, and an order entered on October 8, 1993, denying her motion for,...
Cromartie v. Carteret Sav. & Loan - 11/4/1994
The opinion of the court was delivered by
BROCHIN, J.A.D.
The subject of this appeal is a mortgagee's liability for failing to pay premiums for hazard insurance on the mortgaged property with funds paid by the mortgagor and...
DiTrolio v. Antiles - 9/27/1994
The opinion of the court was delivered by KESTIN, J.A.D.
Plaintiff's complaint was dismissed by the trial court on entire controversy grounds, R. 4:30A, by reason of his failure to have joined the defendants as parties in an...
Yun v. Ford Motor Co. - 9/26/1994
The opinion of the court was delivered by
VILLANUEVA, J.A.D.
Plaintiffs Gloria Yun (as administrator ad prosequendum of the estate of Chang Hak Yun) and Nam Yi Yun, the decedent's widow, appeal from a summary judgment...
Albarran v. Lukas - 9/23/1994
The opinion of the court was delivered by
KESTIN, J.A.D.
After issue had been joined in this personal injury action, defendants served plaintiffs with interrogatories on June 24, 1989.
No answers were...
Frazier v. New Jersey Mfrs. Ins. Co. - 9/22/1994
The opinion of the court was delivered by
SHEBELL, P.J.A.D.
In this case we revisit the issue of whether a workers' compensation lien attaches to the proceeds of a legal malpractice action brought to recover damages...
Monaghan v. Holy Trinity Church - 9/14/1994
The opinion of the court was delivered by VILLANUEVA, J.A.D.
Plaintiff Elizabeth Monaghan appeals from the summary judgment dismissing her personal injury complaint against her parish and Archdiocese, based upon the New...
Eason v. NJAFIUA - 6/30/1994
The opinion of the court was delivered by
DREIER, J.A.D.
Plaintiff, Joanne Eason, appeals from the involuntary dismissal of her claims against defendant Township of Montclair on the basis of the immunity provided by...
Kletzkin v. Board of Educ. of Borough of Spotswood - 6/29/1994
The opinion of the Court was delivered by POLLOCK, J.
The issue is whether respondent, Dorothy Kletzkin, a school psychologist, acquired tenure while on leave because of a work-related injury. The Commissioner of Education...
D'Aries v. Schell - 6/28/1994
The opinion of the court was delivered by COLEMAN, P.J.A.D.
The significant issues raised in this medical malpractice case are whether plain error occurred when the trial Judge failed to instruct the jury (1) the defendant...
Tobia v. Cooper Hosp. University Medical Center - 6/28/1994
Per Curiam
This appeal concerns a class of medical patients whose inability to care for themselves may require an extra measure of care by health-care professionals. The medical professions recognize the existence of such a...
Maciag v. Strato Medical Corp. - 6/24/1994
The opinion of the court was delivered by
DREIER, J.A.D.
Plaintiff appeals from a partial summary judgment dismissing his product liability claims against Strato Medical Corp. and Dow Corning Corp., two of the several...
Performance Motorcars of Westchester - 6/23/1994
The opinion of the court was delivered by KEEFE, J.A.D.
The issue on appeal is whether the Law Division correctly held that New York law applies to this litigation between plaintiff (Performance) and defendant (Peat...
Martin v. Home Ins. Co. - 6/14/1994
The opinion of the court was delivered by
VILLANUEVA, J.A.D.
This consolidated insurance action involves issues of reimbursement among payors of PIP benefits following two different automobile accidents involving...
Horosz v. Alps Estates - 6/13/1994
The opinion of the Court was delivered by GARIBALDI, J.
This appeal concerns the narrow question whether N.J.S.A. 2A:14-1.1 prohibits a homeowner from recovering against a builder-developer for that builder's subsequent...
Newman v. Cappello - 6/10/1994
SCHLOSSER, J.S.C.
This matter comes before the court on a motion for summary judgment by defendant, Charles Cappello, against plaintiffs, Rebecca and Walter Newman, pursuant to the verbal threshold statute, which is applicable...
Lusby By and Through Nichols v. Hitchner - 6/10/1994
The opinion of the court was delivered by PRESSLER, P.J.A.D.
These consolidated appeals, both taken on leave granted, raise important questions of statutory construction of apparently conflicting
provisions of...
Weiss v. Thomas - 6/9/1994
The opinion of the court was delivered by
BROCHIN, J.A.D.
Plaintiff Sheila Weiss, a North Carolina resident, alleges that she suffered personal injuries on February 25, 1989, when an automobile in which she was a...
Herrara v. Atlantic City Surgical Group - 6/9/1994
WINKELSTEIN, J.S.C.
This is a medical malpractice case. The issue is whether a referring physician has a duty to obtain the patient's informed consent to surgery that is to be performed by another doctor. In other words,...
Fargas v. Gorham - 6/8/1994
WELLS, A.J.S.C.
This is a personal injury case arising out of a motor vehicle accident which occurred on May 7, 1991, in the southbound lanes
of Route 130 in Florence Township. The plaintiff, Maria Fargas, was a...
Wickner v. American Reliance Ins. Co. - 6/6/1994
The opinion of the court was delivered by DREIR, J.A.D.
Defendant American Reliance Insurance Company appeals from a summary judgment entered in favor of plaintiffs, Harvey and Bonita Wickner, for defense costs incurred in a...
Dunphy v. Gregor - 6/2/1994
The opinion of the Court was delivered by
HANDLER, J.
Many states, including our own, recognize the tort commonly referred to as "bystander" liability. Bystander liability allows recovery for the emotional injury...
Weitz v. Allstate Ins. Co. - 6/1/1994
The opinion of the court was delivered by
COHEN, R.S., J.A.D.
Plaintiff Varsavia Weitz filed suit against her husband for bodily injuries allegedly caused by his negligent operation of a motor vehicle. She also sought...
Wolpaw v. General Accident Insurance Company - 3/25/1994
Argued February 1, 1994
Defendant issued a homeowners' policy to Saranne Frew. Other members of Frew's household covered by the policy were plaintiff, who is Frew's sister, and plaintiff's son Heath. All three were sued in a...
Anzalone v. Westech Gear Corp. - 3/25/1994
Plaintiff John Anzalone appeals from a summary judgment order dismissing his complaint against defendant WesTech Gear Corporation (WesTech), formerly known as Western Gear Corporation. Anzalone asserts that the motion Judge...
Heim v. Wolpaw - 3/25/1994
[271 NJSuper Page 540] General Accident Insurance Company (appellant) appeals from an order amending a judgment plaintiffs obtained against defendants Ivan F. Wolpaw, Karanne Wolpaw, and Heath Wolpaw in a personal-injury negligence...
Adamski v. Moss - 3/23/1994
Plaintiff appeals pro se from a summary judgment dismissing her medical malpractice action against defendant. The trial Judge based his decision on plaintiff's failure to secure and provide the report of an expert witness which...
Royal Ins. Co. v. Rutgers Cas. Ins. Co. - 3/22/1994
Defendant Rutgers Casualty Insurance Company (Rutgers) appeals and plaintiff Royal Insurance Company (Royal) cross-appeals from a summary judgment of the Law Division that (1) declared that Rutgers and Royal shall equally pay an...
Lehrhoff v. Aetna Cas. and Sur. Co. - 3/14/1994
This is an appeal from a summary judgment dismissing a complaint seeking uninsured motorist coverage (UM) under a standard automobile policy. It requires us to consider the question of whether the reasonable expectations of the...
Puso v. Kenyon - 3/10/1994
The opinion of the court was delivered by
KLEINER, J.S.C. (temporarily assigned).
This is a verbal threshold case in which plaintiff, Jean Puso, appeals from a summary judgment dismissing her personal injury automobile...
Dunn v. Praiss - 3/10/1994
Defendants Dr. Joel Marmar and South Jersey Urologic Associates appeal from the dismissal of their cross-claims against Health Care Plan of New Jersey, a health maintenance organization (HCP or HMO). The cross-claims, as well as...
Liberty Mut. Ins. Co. v. Selective Ins. Co. - 2/28/1994
This appeal requires us to consider whether a tortfeasor's excess insurer is liable to the victim's automobile insurer for personal injury protection (PIP) benefits paid by the automobile insurer to the victim. We conclude the...
Circle Chevrolet Co. v. Giordano - 2/16/1994
KEEFE, J.A.D.
The sole issue presented on appeal is whether the trial Judge erred in dismissing plaintiffs' professional negligence suit against the law firm of Giordano, Halleran & Ciesla, P.C., (GH&C; and the...
Campbell v. New Jersey Auto. Full Ins. Underwriting Ass'n By and Through Pennsylvania Nat. Ins. Co. - 2/15/1994
Wilfred Campbell III (Campbell) appeals from a summary judgment order entered in favor of New Jersey Automobile Full Insurance Underwriting Association (JUA) by the Law Division on October 23, 1992. We affirm.
Campbell, a...
Fisher v. Yates - 2/15/1994
[270 NJSuper Page 461] These consolidated appeals by plaintiff Nancy Fisher (plaintiff) arise from the denial of plaintiff's motion, heard just one week before trial, to amend the pleadings to join an additional party and to assert...
Stigliano by Stigliano v. Connaught Laboratories - 2/15/1994
In this medical malpractice and product liability action, defendants appeal by leave granted (R. 2:2-4) from a pretrial order foreclosing them from presenting testimony at trial of plaintiff Jessica Stigliano's treating physicians...
Mastice v. Interstate Indus. Corp. - 2/8/1994
The only issue raised by this appeal is one of choice of law between the workers' compensation laws of New Jersey and New York, which differ with respect to the right of an injured minor employee to maintain a common law...
Arencibia v. Rosas - 2/7/1994
Plaintiff, Lizette Arencibia, appeals from the Law Division's dismissal of her personal injury action on summary judgment based on the Judge's determination that plaintiff had failed to satisfy the verbal threshold of N.J.S.A....
Petrocco v. AT & T Teletype - 2/4/1994
MARK A. SULLIVAN, JR., J.S.C.
Plaintiff Adelle Petrocco sues, among others, defendant AT&T;Teletype for injuries received in the workplace while in the employment of American Telephone and Telegraph Company. The defendant...
IFA Ins. Co. v. Waitt - 2/3/1994
Plaintiff appeals from an order granting summary judgment to defendant, holding that a PIP insurance carrier is not entitled to reimbursement from a commercial liability carrier where the commercial carrier's liability limit has...
Unsatisfied Claim and Judgment Fund Bd. v. New Jersey Mfrs. Ins. Co. - 2/3/1994
The issue presented in this case is whether the Unsatisfied Claim and Judgment Fund (Fund) can recover personal injury protection (PIP) benefits paid to passengers injured while traveling in an uninsured motor vehicle from the...
Dixon v. Jacobsen Mfg. Co. - 2/2/1994
[270 NJSuper Page 574] The primary issue presented on this appeal is whether a manufacturer, who knows the identity of the current owner of a consumer product it manufactured several years earlier, has a duty upon inquiry to provide...
Cineas v. Mammone - 1/31/1994
This is another of the numerous appeals we have received involving the verbal threshold. It does, however, have an additional twist because plaintiff was twice subjected to the same motion for summary judgment before two different...
Lindstrom v. Hanover Insurance Co. - 12/28/1993
Kurt Lindstrom was rendered a quadriplegic as the result of a gunshot wound. The bullet was fired from within an automobile as it drove past a crowd, which included Lindstrom, attending an outdoor party. At oral argument, each...
Foti v. Johnson - 12/17/1993
This is a verbal threshold case in which plaintiff Eileen Foti appeals from a summary judgment dismissing her personal injury, automobile negligence complaint against defendant Jeffrey K. Johnson. The Judge concluded, based on the...
Hammock v. Hoffmann-Laroche Inc. - 12/16/1993
Intervenor Public Citizen, Inc. appeals from a trial court order which granted intervenor access to certain materials, but held that most documents identified by defendant drug company would remain under seal and subject to a...
Ingersoll v. Aetna Casualty and Surety Co. - 12/15/1993
Plaintiff Brian Lihou appeals from the entry of summary judgment entered in favor of defendant Aetna Casualty & Surety Company (Aetna), denying plaintiff's claim that he was entitled to extended medical benefits under the...
Rutgers v. Grad Partnership - 12/14/1993
[269 NJSuper Page 144] This appeal causes us to consider whether the ancient, and now almost dead, doctrine of " nullum tempus occurrit regi " (no time runs against the sovereign) bars defendants' reliance upon N.J.S.A. 2A:14-1.1....
Foxworth v. Morris - 12/13/1993
This appeal concerns an injured person's eligibility to receive benefits from the Unsatisfied Claim and Judgment Fund (Fund). The Fund serves as a safety net for motor-vehicle-accident victims who sustain losses or injuries caused...
Lewis v. Hopewell Valley Racquet Club - 12/10/1993
[269 NJSuper Page 72] This case presents the question whether a swimming pool, installed with diving stands and boards, is an "improvement to real property" within the meaning of our ten-year statute of repose, N.J.S.A. 2A:14-1.1....
Levine v. Miller - 12/9/1993
PISCAL, J.S.C.
This matter comes before the court on the plaintiff's Hilda Levines's, motion for partial summary judgment. The issue presented is whether a fracture to a prosthetic device permanently implanted in an individual's...
Koster v. Scotch Associates - 12/3/1993
MENZA, J.S.C.
Plaintiffs move for summary judgment. The question presented in this case is whether a restaurant is strictly liable for serving adulterated food. This precise issue has not been decided in New Jersey.
All of...
Benjamin v. Corcoran - 12/1/1993
[268 NJSuper Page 519] Plaintiffs, Matthew Benjamin, an infant by his Guardian ad Litem, James H. Benjamin, and James H. Benjamin, individually, appeal the dismissal on summary judgment of their complaint against defendant, the New...
In re Application of County of Bergen - 11/30/1993
This is an appeal by the Bergen County Utilities Authority (BCUA) from a decision of the Local Finance Board (LFB), in the Department of Community Affairs, which approved an application submitted by the County of Bergen (Bergen)...
Savage v. Old Bridge-Sayreville Medical Group - 11/24/1993
This appeal presents a difficult exercise in application of the discovery rule. The case arises, as have several recent cases, from an experience of tooth discoloration due to medical treatment with tetracycline antibiotics in...
Harvard Industries Inc. v. Aetna Casualty & Surety Co. - 11/18/1993
FISHER, J.S.C.
This action concerns the interpretation and application of what is known in the insurance
industry as the "absolute pollution exclusion." Such an exclusion, contained in a policy of insurance...
Tufo v. J.N. - 11/17/1993
The central question raised by this appeal is whether, during an investigation of a physician-licensee conducted by the Attorney General on behalf of the Board of Medical Examiners (Board), the Board's medical director may...
Gantes v. Kason Corp. - 11/16/1993
BEGLIN, A.J.S.C.
On February 27, 1991, Graciela Gonzalez, a resident of Gainesville, Georgia, was employed at the Dutch Quality House, a food processing plant in Gainesville. It is alleged that while working on a shaker...
Guy v. Petty - 11/9/1993
MANNION, J.S.C.
This automobile accident case comes to the court on cross-motions for summary judgment. The suit arose from a car accident that occurred in Edison Township on July 21, 1990, the facts of which are not relevant for...
In re Application of Roger Peterman - 11/5/1993
This matter arises from a Report of the Committee on Character that Roger Peterman be certified for admission to the bar of this state. One member of the committee panel that heard the matter Dissented. That member believed that...
Kiss v. Defendant-Respondent/Cross-Appellant - 11/5/1993
[268 NJSuper Page 237] On January 13, 1988, Joszef Kiss ("plaintiff"), was the owner and operator of a motor vehicle which was stopped on Route # 18 in East Brunswick, New Jersey, behind three other vehicles when struck in the rear...
Blanks v. Murphy - 11/3/1993
[268 NJSuper Page 155] Plaintiff James E. Blanks sued defendants Robert Murphy, Gerald Love, and Universal Automotive Distributors, Inc. for personal injuries which allegedly resulted from an automobile accident. Liability was...
Daisey v. Keene Corp. - 11/1/1993
Following a five-day trial on plaintiffs' asbestos personal injury action, the jury found that plaintiff Willis Daisey did not have an asbestos-related injury. Plaintiffs appeal that verdict and we affirm.
We need not...
Agency Rent-A-Car Inc. v. Indemnity Insurance Co. - 9/30/1993
Defendants appeal from a summary judgment declaring plaintiff's self-insurance obligations for four underlying bodily injury and wrongful death cases to be limited to $30,000.
Plaintiff, Agency Rent-A-Car, applied for and...
Cairns v. City of East Orange - 9/29/1993
[267 NJSuper Page 396] This case involves an application of the Workers' Compensation Act (Act) which is one of first impression in New Jersey. Neil Cairns (petitioner) appeals from the dismissal on the merits of his claim petition...
Gross v. Dufour - 9/9/1993
CIVIL ACTION
CASSINI, III, J.S.C.
This case was commenced on March 13, 1992 by the filing of a complaint by plaintiffs in Superior Court of New Jersey ("State Action"). Prior thereto, a matter had been commenced on...
Fireman''s Fund of New Jersey v. Caldwell - 9/7/1993
This matter is before the court by way of plaintiff's motion for summary judgment in a declaratory judgment action. The case raises the question as to what level of socialization and domesticity must be reached, apart from kinship...
Berrie v. Toyota Motor Sales - 8/12/1993
The New Jersey Division of Consumer Affairs found after a hearing before an Administrative Law Judge that a 1991 Toyota Corolla was a "lemon". See N.J.S.A. 56:12-29 to -49. (the so called "Lemon Law" statute).
Toyota appeals...
Moehring v. Maute - 8/12/1993
In this post-judgment matrimonial motion, plaintiff seeks to compel defendant and/or the parties' daughter, Sheri Ann, to produce all documents related to settlement of a personal injury case arising out of an automobile accident...
Graves v. Church & Dwight Co. - 8/11/1993
Plaintiff William Graves suffered a spontaneous stomach rupture in the early morning hours of August 22, 1979, after ingesting Arm & Hammer baking soda manufactured by Church & Dwight Company, Inc. (Church & Dwight)...
Macrie v. SDS Biotech Corp. - 8/5/1993
In this strict-liability, failure-to-warn suit, plaintiffs appeal from an order for summary judgment dismissing their complaint. Because we are "reviewing the dismissal of [plaintiffs'] claims as legally insufficient, we must...
D''Agostino v. Johnson & Johnson Inc. - 8/4/1993
For a second time we review the 1985 employment dispute between Richard D'Agostino and the Johnson & Johnson Corporation and certain of its employees (hereinafter J & J or J & J defendants). In 1989, we reviewed the...
Allendorf v. Kaiserman Enterprises - 8/4/1993
In this personal injury negligence action, Elizabeth L. Allendorf (plaintiff) was struck and injured by the automatic door of a self-service elevator in an office building owned and operated by defendant Kaiserman Enterprises...
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