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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Crawn v. Campo - 7/30/1993
Plaintiff Michael Crawn, playing catcher in a pick-up softball game, was injured in a collision at home plate with defendant John Campo, an opposing baserunner. Crawn brought this action for damages, alleging that Campo (1)...
Korostynski v. State - 7/29/1993
[266 NJSuper Page 550] We granted the State of New Jersey, Division of Gaming Enforcement (Division) leave to appeal from an order of the Law Division that compelled it to produce all personnel files and
internal...
Spedick v. Murphy - 7/29/1993
This is a protracted personal injury automobile negligence action. Plaintiff John Spedick presently appeals from a judgment of the Law Division which was entered in favor of defendant Emma Murphy on a molded jury verdict that had...
Ladner v. Mercedes-Benz of North America Inc. - 7/28/1993
[266 NJSuper Page 484] Plaintiffs Gertrude and David Ladner appeal from an adverse jury verdict in their product liability and breach of express warranty action against Mercedes-Benz of North America, Inc.
and...
Herman v. Sunshine Chemical Specialties Inc. - 7/28/1993
This case raises the issue whether plaintiffs in a products-liability action presented sufficient evidence of the financial condition of defendant Sunshine Chemical Specialties, Inc. (Sunshine) to sustain an award of punitive...
Jugan v. State Farm Insurance Co. - 6/21/1993
I
On May 18, 1992, plaintiff Deborah Jugan was injured in an automobile accident. At the time of the accident, she had insurance policies with both defendants: an automobile insurance policy with defendant State Farm Insurance...
Mancini v. Eds on Behalf of New Jersey Automobile Full Insurance Underwriting Association - 6/14/1993
The opinion of the court was delivered by
POLLOCK, J.
This appeal involves a default judgment entered in favor of plaintiffs, Mary Jane Mancini and her husband, Anthony Mancini, against defendant, Electronic Data Systems...
McLaughlin v. Nissan Motor Corp. - 6/11/1993
In this product liability action, the plaintiff alleges that her 1986 Nissan Pulsar automobile had two design defects which proximately caused an eight inch scar on her forehead and scalp. The first alleged defect was that the...
Feldman v. Lederle Laboratories - 6/10/1993
Per Curiam
We granted certification, 130 N.J. 39 (1992), to consider whether the Appellate Division had correctly ordered yet another retrial of this fifteen-year-old action based on errors in the trial court's jury charge. With...
Gargiulo v. Rutgers Casualty Insurance Co. - 6/10/1993
Plaintiff, Robert Gargiulo, suffered injuries in an automobile accident resulting in the amputation of his left leg. He instituted an action for personal injury protection (PIP) benefits asserting that he needed a wheelchair and...
State v. Shabazz - 3/26/1993
This appeal requires us to construe N.J.S.A. 2C:35-6, which provides that an adult who employs a person "17 years of age or younger" in a drug distribution scheme is guilty of a second-degree crime. At issue is whether the phrase...
B.C. v. New Jersey Department of Human Services - 3/25/1993
These cases have been consolidated for the purposes of decision. They present a common issue concerning that form of public assistance known as Aid to Families with Dependent Children (AFDC). An AFDC recipient who receives lump...
Grunwald v. Bronkesh - 3/22/1993
The opinion of the court was delivered by
CLIFFORD, J.
This appeal requires the Court to decide when the statute of limitations begins to run on a legal-malpractice action. The trial court held that the six-year statute of...
Berends v. City of Atlantic City - 3/16/1993
In these consolidated death and personal injury actions, plaintiffs appeal from summary judgments in favor of all defendants.
On August 27, 1986, a small aircraft crashed killing the pilot, Raymond Bolander, and a passenger,...
Pickett v. Lloyd''s and Peerless Insurance Agency Inc. - 3/15/1993
The opinion of the court was delivered by
O'HERN, J.
The question in this case is whether an insurance carrier's bad-faith failure to pay collision damage benefits to an insured over-the-road trucker for a tractor-trailer...
Universal Underwriters Insurance Co. v. Phillips - 3/15/1993
On October 15, 1991, defendant was the driver and owner of a motor vehicle involved in a collision with a commercial vehicle owned by Mechanics Auto Parts, Inc., and insured by plaintiff. At the time of the accident, defendant was...
Roig v. Kelsey - 3/15/1993
[262 NJSuper Page 580] In this appeal we are asked to consider whether N.J.S.A. 39:6A-12 prohibits recovery of the medical deductible and copayment under a personal injury protection (PIP) policy. We conclude that so long as the...
Estate of Bibi Hussain v. Gardner - 3/11/1993
This is a medical malpractice action in which the plaintiff alleges that defendant physician deviated from accepted medical standards in the care and treatment of plaintiff's decedent during surgical procedures. The issue presented...
Jurado v. Western Gear Works - 3/3/1993
The opinion of the court was delivered by
POLLOCK, J.
Our focus is on the meaning of "misuse" as that term is used in a strict-liability design-defect products-liability case. See Ellsworth v. Sherne Lingerie, Inc., 303 Md....
Mroz v. Smith - 12/31/1992
Continental Insurance Company (Continental) appeals on leave granted from an interlocutory order which required it to assume the defense of James W. Smith and indemnify him for any loss resulting from an action brought by...
Dunphy v. Gregor - 12/23/1992
In Portee v. Jaffee, 84 N.J. 88, 417 A.2d 521 (1980), the Supreme Court held that a parent is eligible to recover damages "for the emotional anguish of watching her young child suffer and die in an accident caused by defendant's...
Cardona v. Data Systems Computer Centre - 12/23/1992
[261 NJSuper Page 233] On July 31, 1986, plaintiff was a passenger in a motor vehicle which was involved in an accident with two other vehicles. On July 5, 1988, plaintiff filed suit against the owner of the vehicle, Data Systems...
Cooke v. Wilentz - 12/21/1992
Plaintiff appeals a final judgment dismissing his complaint against defendant for legal malpractice. He had sued defendant for its failure to timely file a toxic tort personal injury lawsuit against the manufacturer of certain...
Molino v. B.F. Goodrich Co. - 12/18/1992
[261 NJSuper Page 89] Plaintiffs, Bruce Molino, and his wife, Nerina Molino, appeal from the Law Division's dismissal of their suit against defendant, Uniroyal Goodrich Tire Company (Uniroyal), for injuries Mr. Molino suffered when a...
Christian v. Ormsby - 12/18/1992
[267 NJSuper Page 240] This case involves a determination of the validity of a notice of cancellation for non-payment of premiums of an automobile insurance policy issued by Liberty Mutual Insurance Company ("Liberty Mutual") as...
Feinsod v. Janeen H. Noon - 12/18/1992
This is an automobile personal injury negligence action arising out of an incident occurring on May 9, 1989. Plaintiff filed her first complaint on June 7, 1989. On October 19, 1990, the complaint was dismissed without prejudice,...
Slyke v. Worthington - 12/18/1992
The case before the court is on a motion for summary judgment filed on behalf of the defendant, Carrier Corporation to dismiss a complaint based upon N.J.S.A. 2A:14-1.1, the ten-year statute of repose for actions arising out of...
Brenner v. Berkowitz - 12/14/1992
This is an appeal by a minority shareholder in a closely held corporation from a judgment denying her requests to buy out the majority, to have the defendants purchase her minority interest, or in the alternative, for involuntary...
Ryan v. State Health Benefits Commission - 12/1/1992
[260 NJSuper Page 360] Rita Ryan was insured under the State Health Benefits Plan (SHBP). She was in an accident on January 8, 1989, while driving her car the insurance on which had expired some months earlier. Ryan's husband was...
Gloria Giordano AC Peter Giordano v. Allstate Insurance Co. - 11/23/1992
The opinion of the court was delivered by
GAULKIN, P.J.A.D.
Peter Giordano was involved in an accident while driving his employer's 1989 Ford Aerostar minivan. He brought this action to recover personal injury protection...
Febus v. Barot - 11/19/1992
[260 NJSuper Page 323] In this medical malpractice action plaintiffs appeal from an order of August 23, 1991, granting defendant's motion for summary judgment. The trial court granted summary judgment
because plaintiffs...
Savino v. Paterson Housing Authority - 11/18/1992
The opinion of the court was delivered by
BILDER, J.A.D.
This is a personal injury, stairway fall-down case. Plaintiff's decedent, a Paterson police officer, appeals from an October 29, 1991 order of the Law Division...
Savage v. Old Bridge-Sayreville Medical Group - 11/18/1992
Plaintiff, Suzanne Savage, appeals from the dismissal of her medical malpractice claims against defendants, Old Bridge-Sayreville Medical Group, P.A. and Prystowsky Medical Group, for prescribing and administering a tetracycline...
Horn v. Village Supermarkets Inc. - 11/10/1992
Defendants Village Supermarkets, Inc., trading as Shop-Rite, and its security investigator, Edward Price, appeal from a malicious prosecution judgment entered in favor of plaintiffs, Curtis Horn and Evelyn Horn, his wife. The jury...
Sjoberg v. Rutgers Casualty Insurance Co. - 11/10/1992
The issue in this case is whether the fifteen-year-old infant plaintiff, Alicia Sjoberg, was at the time she sustained injuries in an automobile accident in Florida on October 31, 1988, a member of her father's "family residing in...
Jackson v. Farrion - 8/7/1992
No New Jersey court has decided whether the New Jersey Automobile Full Insurance Underwriting Association (N.J.A.F.I.U.A.) or the Unsatisfied Claim and Judgment Fund (U.C.J.F.) is primarily liable for Personal Injury Protection...
Theer v. Philip Carey Co. - 8/4/1992
Rose Marie Theer sues for the wrongful death of her husband, Joseph, which she claimed resulted from his continued exposure to defendants' asbestos products during his working years; and for her own injuries resulting from...
Montells v. Haynes - 7/31/1992
The opinion of the court was delivered by
O'BRIEN, J.A.D.
Plaintiff appeals from the dismissal of her eight-count complaint alleging various claims arising out of alleged sexual harassment and discrimination in her...
Oswin v. Shaw - 7/30/1992
The opinion of the court was delivered by
CLIFFORD, J.
This appeal focuses on the procedure and the standard for determining compliance with the verbal threshold, N.J.S.A. 39:6A-8a, set forth in New Jersey's no-fault...
Dafler v. Raymark Industries Inc. - 7/30/1992
I
This appeal and cross-appeal are taken from a verdict in plaintiff's favor and a jury's apportionment of responsibility between plaintiff and defendant in an asbestos product liability case. The case presents a question of...
State in Interest of M.T.S. - 7/30/1992
The opinion of the court was delivered by
HANDLER, J.
Under New Jersey law a person who commits an act of sexual penetration using physical force or coercion is guilty of second-degree sexual assault. The sexual assault...
Matter of Department of Insurance''s Order Nos. A89-119 and A90-125 - 7/29/1992
The opinion of the court was delivered by
O'HERN, J.
The central issue in this appeal is whether the Legislature intended, through its "flex-rate" provisions, to allow insurers to implement, without prior approval, a...
Vogel v. Skobo - 7/28/1992
The opinion of the court was delivered by
HAVEY, J.A.D.
Plaintiffs appeal from an order for summary judgment dismissing their personal injury action against defendants. Plaintiff Thomas Vogel, a police officer, was...
Muench v. Township of Haddon - 3/27/1992
HAVEY, J.A.D.
In this action commenced in the Law Division under the New Jersey Law Against Discrimination (LAD), N.J.S.A. 10:5-1 to -42, the central issue is whether plaintiff must prove overt sexual conduct in the work...
Tice v. Cramer - 3/16/1992
KING, P.J.A.D.
This case presents again the issue of the liability of police officers and municipalities under Title 59 for their alleged negligence during motor vehicle pursuits of suspects. To date, panels of our court...
Clegg v. New Jersey Automobile Full Underwriting Association - 3/12/1992
The opinion by the court was delivered by LANDAU, J.A.D.
This appeal requires us to determine an issue respecting proration of underinsured motorist ("UIM") coverage where the insured owner of one car, his spouse and an...
Berkowitz v. Haigood - 3/12/1992
MATHIAS E. RODRIGUEZ, J.S.C.
The plaintiff, Robert G. Berkowitz is a chiropractic doctor, who brought an action against his patient, Joseph Haigood, and his patient's attorney, James Nichols, for the payment of medical...
Karol v. Berkow - 3/6/1992
The opinion of the court was delivered by
GAULKIN, P.J.A.D.
This medical malpractice case was brought by Ronald Karol and his wife against Bori Berkow, M.D., for his alleged failure to timely diagnose and treat a...
Stevenson v. Keene Corp. - 2/27/1992
CONLEY, J.S.C., temporarily assigned.
On leave granted, defendant Porter-Hayden Company appeals an interlocutory in limine ruling that the 1987 amendments to the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 et seq., which...
Grunwald v. Bronkesh - 2/27/1992
The opinion of the court was delivered by
MICHELS, P.J.A.D.
Plaintiff Abraham Grunwald appeals from a summary judgment of the Law Division that dismissed his legal malpractice action against defendants Noah Bronkesh,...
Handler v. State Farm Mutual Automobile Insurance Co. - 2/24/1992
SHEBELL, J.A.D.
Plaintiffs, David Handler and Ann Handler, appeal from a summary judgment in their action to compel defendant, State Farm Mutual Automobile Insurance Co. (State Farm), to provide them with underinsured motorists...
Gilbert Spruance Co. v. Pennsylvania Manufacturers'' Association Insurance Co. - 2/14/1992
The opinion of the court was delivered by
COHEN, R.S., J.A.D.
Plaintiff The Gilbert Spruance Company is a Pennsylvania corporation which manufactures paint in Philadelphia. Defendant Pennsylvania Manufacturers'...
Seeley v. Cincinnati Shaper Co. - 2/14/1992
DREIER, J.A.D.
This appeal focuses upon a manufacturer's continuing duty to warn a remote owner or user of its product concerning safety problems inherent in the product, but either not recognized or not acted upon by the...
Statham v. Bush - 2/13/1992
LONG, J.A.D.
Defendants Kenneth L. Saeger and Grinnell Haulers, Inc. appeal from a final judgment entered upon a jury verdict which awarded plaintiff, Wayne Statham, $519,630.00 plus prejudgment interest of $82,058.87 on account...
Byrd v. Manning - 1/29/1992
HAVEY, J.A.D.
Plaintiff appeals from an order for summary judgment dismissing his action instituted against defendants under the federal Civil Rights Act, 42 U.S.C.A. ยง 1983. In dismissing the complaint, the trial Judge found...
Joyner v. Nissan 10 - 12/19/1991
MARTIN, J.S.C.
The Court is called upon to interpret the scope of N.J.S.A. 39:6-70(c). Plaintiff, Deborah Joyner, instituted this personal injury action following an accident which occurred on June 14,
1988 in the...
Metzler v. Vandergriendt - 12/19/1991
ARNOLD, P.J.Cv.
This is a wrongful death action arising from an automobile accident. A novel issue was raised during plaintiff's case in chief when plaintiff's counsel sought to introduce evidence that the defendant had...
Blitz v. Hutchinson - 12/19/1991
One of the pivotal issues raised in this medical malpractice case is whether the judge should have instructed the jury pursuant to Anderson v. Somberg, 67 N.J. 291, 338 A.2d 1, cert. denied, 423 U.S. 929, 96 S. Ct. 279, 46 L. Ed....
Mueller v. Davis - 12/12/1991
This pharmaceutical products liability case presents a difficult choice of law problem. While a resident of Connecticut, Ellen Mueller ingested Dilantin pursuant to a prescription issued by her physician. It is undisputed that she was...
Graham v. Gielchinsky - 12/11/1991
This appeal concerns an apparent gap in our Rules of Civil Procedure dealing with the discovery and use of the opinion evidence of an expert consulted by an adversary. Absent exceptional circumstances, our Rules of Civil Procedure do...
McGovern v. Koza''s Bar & Grill - 12/6/1991
MENZA, J.S.C.
This is a dram shop action.
Plaintiff has moved to strike defendant's comparative negligence defense.
The question presented is whether the comparative negligence defense is available under the...
Semexant v. Mil Limited - 12/6/1991
This appeal arises from a personal injury sustained by plaintiff during the course of his employment with Silvatrim Corp. of America (hereinafter "Silvatrim"). Alleging that at the time of the accident he was working on an industrial...
Murphy v. Allstate Insurance Co. - 11/27/1991
We now consolidate these separate appeals from a summary judgment entered in plaintiffs' favor. The trial court opinion is reported at 246 N.J. Super. 42, 586 A.2d 860 (Law Div.1990).
Plaintiffs sustained minor injuries in an...
Gerstenberg v. Reynolds - 11/22/1991
In this wrongful death action, the plaintiff moved for a new trial on two grounds. First, that this court committed reversible error by admitting evidence of prior specific instances of the decedent's conduct, and, second, by...
Garde v. Wasson - 11/21/1991
The issue, projected by the decision in Alfone v. Sarno, 87 N.J. 99, 432 A.2d 857 (1981), is whether plaintiff can give a release as part of the settlement of her medical malpractice claim which is binding on her heirs and assigns...
Council of New Jersey State College Locals v. State - 11/19/1991
This is an appeal by the Council of New Jersey State College Locals, NJSFT, AFT/AFL-CIO, (Council) from a final decision of the Public Employment Relations Commission (PERC) which refused to modify or rescind certain regulations...
McGuinness v. Wakefern Corp. - 11/15/1991
MARGULIES, J.S.C.
The facts in this action apparently present a case of first impression in the state of New Jersey. On February 5, 1990, John McGuinness, Linda McGuinness, Darrin Gottko and Bridget McGuinness, members of...
Dickey v. Cady - 11/12/1991
FUENTES, J.S.C.
This is a motion for summary judgment by The Unsatisfied Claim and Judgment Fund Board (fund). Plaintiff, Jerome Dickey, was injured while riding in a stolen car. The issue presented is whether plaintiff's...
Sanders v. Hunter - 11/12/1991
ROSEMARY HIGGINS CASS, J.S.C.
In this matter the defendant Commissioner moved to declare the plaintiff Marion Sanders (hereinafter Sanders) ineligible to recover benefits from the Unsatisfied Claim and Judgment Fund (UCJF)...
Nyerges v. Lavigne - 11/8/1991
ALLEY, J.S.C.
In this medical malpractice action, plaintiff George Nyerges alleges that he received negligent treatment in November 1989 from the moving defendants, Jeffrey E. Lavigne, M.D., and Laser Medical Associates. These...
D.H. v. D.K. - 11/7/1991
Plaintiff appeals from an order dated January 3, 1991 denying his application for reconsideration of a May 15, 1990 order requiring plaintiff to pay the entire fee of a court appointed guardian ad litem in the amount of $10,030.25, the...
Hambsch v. Harrsch - 11/6/1991
HARPER, JOHN J.S.C.
The issue in this matter is whether third party defendant, New Jersey Manufacturers Insurance Company's motion for summary judgment dismissing the third party complaint should be granted. This issue was...
New Jersey Manufacturers Insurance Co. v. Griffin - 11/4/1991
DWYER, J.S.C.
This case involves the novel question between New Jersey Manufacturers Ins. Co. ("NJM") and The Unsatisfied Claim and Judgment Fund ("UCJF") as to which should pay personal injury protection ("PIP") benefits to a...
Prudential Property and Casualty Insurance Co. v. Karlinski - 11/1/1991
Defendants Mark Anthony Mascitelli (Mark), a minor, and his mother Brenda Mascitelli, individually and as guardian ad litem, appeal from the award of summary judgment favorable to plaintiff Prudential Property and Casualty Insurance...
Fanoli v. Sea-Land Services Inc. - 10/30/1991
This is a personal injury case arising under the Longshore and Harborworkers' Compensation Act, 33 U.S.C.A. 901 et seq. Defendant Sea-Land Services, Inc. appeals from a judgment entered in favor of plaintiffs following a jury verdict...
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