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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Nat Brew v. Stern - 9/26/1991
WEISS, J.S.C.
Defendant, Mark Stern, M.D., filed a motion to dismiss plaintiff's complaint for failure to issue a summons within ten days after the filing of the complaint pursuant to R. 4:4-1. The facts upon which the...
Garay v. Ledger - 9/13/1991
On October 18, 1986, the plaintiff, Antonio Garay, allegedly was injured while working at a plant of The Newark Star-Ledger in Piscataway. The original complaint was filed on September 28, 1988, against The Star-Ledger, Colin Services...
State v. Loce - 9/6/1991
[267 NJSuper Page 103] As a result of intercourse with defendant Alexander V. Loce, Ms. Z. became pregnant. She informed Mr. Loce that she had arranged for an abortion to be performed in a certain physician's office in Morristown on...
Werts v. New Jersey Manufacturers Insurance Co. - 9/5/1991
In 1981, defendant New Jersey Manufacturers Insurance Company issued an automobile insurance policy to Mary Werts which was renewed yearly thereafter. In 1984, Werts was involved in a single-car accident which left her permanently...
Lanzet v. Greenberg - 9/4/1991
In this medical-malpractice case, a patient undergoing a rather common cataract procedure lapsed into a coma from which she never recovered. There was clear evidence of neglect by the operating-room physicians adduced from the...
Goodman v. Newark Beth Israel Medical Center - 8/20/1991
The issue in defendants' motion to bar certain expert testimony in this wrongful death action is whether evidence of the pecuniary losses of decedent's mother is admissible at the trial when the decedent is survived by a daughter. ...
Central Motor Parts Corp. v. Denemours - 8/15/1991
The Law Division held that plaintiff was not entitled to indemnification from settling co-defendants in a personal injury action for the amount of its own later settlement with the
injured party. The basis of the decision...
Bombace v. City of Newark - 8/7/1991
Plaintiff Linda Bombace's four children, ages five through sixteen, perished in a tragic fire at their Newark apartment in the early morning of February 26, 1984. The fire was apparently caused by a stove or portable heater that...
Thermographic Diagnostics Inc. v. Allstate Insurance Co. - 8/5/1991
[125 NJ Page 494] Thermography is a relatively new diagnostic procedure that measures infrared energy emitted by the skin in order to ascertain the presence of significant temperature differences between corresponding areas of...
Oswin v. Shaw - 8/2/1991
This case calls for the practical application of the limitation on the right to sue for non-economic loss under, the tort exemption, contained in N.J.S.A. 39:6A-8(a); L. 1988, c. 119 ยง 6, effective January 1, 1989. In more common...
Rubanick v. Witco Chemical Corp. - 8/1/1991
In this case, the Court must determine the standard governing the admissibility of expert evidence relating to the causation of cancer in toxic-tort litigation. The survivors of two men who had worked at a chemical plant where they had...
McGuire v. City of Jersey City - 7/30/1991
This is a property owner's action for breach of a lease by the lessee, a municipality. The lease provided for a twenty-year term of occupancy in two adjoining buildings. The lessor was to renovate the buildings for use by the...
Crespo v. Stapf - 5/23/1991
[248 NJSuper Page 349] We affirm the summary judgment of the Law Division entered in favor of defendants Josef Stapf and Josef Stapf
Maschinenbeau dismissing the complaint of plaintiff Nelson Crespo in this product...
Blazovic v. Andrich - 5/22/1991
The opinion of the court was delivered by STEIN, J.
The critical issue in this appeal is whether the Comparative Negligence Act, N.J.S.A. 2A:15-5.1 to -5.8 (the Act), requires the trier of fact to apportion fault between a...
Tirrell v. Navistar International Inc. - 5/21/1991
Defendant Rogers Brothers Corporation, the manufacturer of a flatbed tractor-trailer, appeals from a product liability judgment in favor of plaintiff arising out of the November 12, 1986 death of her late husband. The jury awarded...
State Farm Mutual Automobile Insurance Co. v. State - 5/16/1991
This appeal arises from three actions filed by automobile insurance companies in the Superior Court, Chancery Division, all challenging the facial constitutionality of the Fair Automobile Insurance Reform Act of 1990, L. 1990, c. 8...
Young v. Latta - 5/14/1991
[123 NJ Page 585] In this medical-malpractice case plaintiff settled before trial with one defendant-physician. In rendering a verdict for plaintiff, the jury allocated the percentages of fault as between the non-settling tortfeasor...
Allstate Insurance Co. v. Fortunato - 5/14/1991
Allstate Insurance Company and Aetna Casualty and Surety Company ("the insurers") filed separate Chancery Division suits against Samuel E. Fortunato, Commissioner of Insurance. They sought declaratory and injunctive relief...
Sullivan v. Combustion Engineering - 5/8/1991
[248 NJSuper Page 137] This personal injury suit was brought by Albert E. Sullivan (plaintiff) and Patricia Sullivan, his wife, against various manufacturers and distributors of certain asbestos products to which plaintiff was...
Green v. Auerbach Chevrolet Corp. - 5/8/1991
Plaintiff Andrew Green appeals from an order for summary judgment entered in favor of defendant Auerbach Chevrolet Corp. (Auerbach) on his suit which sought damages said to arise out of a motor vehicle accident caused by reason of...
Salem Group v. Oliver - 5/8/1991
This case involves the application of the automobile exclusion contained in the standard homeowner's insurance policy to a situation where the insured is sued for giving alcoholic beverages to a minor. After drinking the alcoholic...
In re Environmental Insurance Declaratory Judgment Actions - 5/6/1991
These consolidated cases involve environmental insurance declaratory judgment actions. Without encumbering the record, it is apparent to all parties in these consolidated cases that pre-trial discovery will be voluminous, extended and,...
Battenfeld v. Gregory - 5/2/1991
Plaintiff Darleen Battenfeld instituted this action against her obstetricians defendants Thomas Gregory and James Tabasso, claiming that they were negligent in failing to diagnose her infectious ruptured appendix in a timely...
In re New Jersey Medical Malpractice Reinsurance Recovery Fund Surcharge - 4/30/1991
Petitions for certification denied. ...
Apgar v. Lederle Laboratories - 3/28/1991
Plaintiff claims that in 1963 and 1964 she ingested certain drugs manufactured and distributed by defendants, and that because those drugs were defective, they produced discoloration in her adult teeth. She started this...
Errickson v. Supermarkets General Corp. - 3/19/1991
Plaintiffs Brett A. Errickson (Errickson) and Lee Ann Errickson appeal from a summary judgment of the Law Division dismissing their personal injury negligence action against defendant Supermarkets General Corporation on the ground...
James v. City of East Orange - 3/18/1991
[246 NJSuper Page 556] At 1:30 a.m., April 27, 1984, plaintiff's husband, decedent Selwyn James, appeared at East Orange Police Headquarters and reported that he had just killed his wife. In fact, although he had injured plaintiff...
Monturi v. Englewood Hospital - 3/15/1991
In this medical malpractice case, plaintiff appeals by leave granted from a partial summary judgment in favor of Englewood Hospital, Robert H. Glick, M.D., and Anthony Prezioso, M.D. dismissing plaintiff's punitive damages claim. ...
Sherwood v. Johnson - 3/14/1991
[246 NJSuper Page 531] We granted leave to appeal in this case to decide if the Division of Workers' Compensation had jurisdiction to adjudicate
the liability of an allegedly negligent insurance broker and his errors and...
Essex County Division of Welfare v. O.J. - 3/14/1991
Appellants, O.J., J.R., H.S., S.O., L.C., M.S., S.D. and M.B., are recipients of Aid to Families with Dependent Children (AFDC recipients). Each appeals from a final decision of the Director of the Division of Economic Assistance...
Costanzo v. Costanzo - 3/8/1991
Plaintiff moves for summary judgment. The question in this case is whether an attorney has a duty to turn over funds pursuant to an assignment of funds executed by his client, where the client subsequently rejects the assignment...
Curts v. Atlantic Mutual Insurance Co. - 3/6/1991
This case requires us to determine whether summary judgment was properly granted in favor of defendant Atlantic Mutual Insurance Company (Atlantic Mutual), an Automobile Personal Insurance Protection (PIP) carrier, on a suit by...
Courtney v. Shore Memorial Hospital - 12/21/1990
This appeal arises from a hospital disciplinary proceeding in which plaintiff, a physician specializing in obstetrics and gynecology, was sanctioned for disruptive behavior and failure to have medical malpractice insurance. For...
State v. D.R.H. - 12/20/1990
[248 NJSuper Page 2] Defendant D.R.H. was indicted and charged with two counts of aggravated sexual assault on the ten year old daughter of his girlfriend. His motion for a physical examination of the child was granted, the State...
Vasilevsky v. Chopin - 12/14/1990
The issue raised in this appeal may be demonstrated by an imaginary, though not fantastic, exchange between a trial attorney and a testifying witness:
Q. Was the traffic light red?
A. No.
The witness's meaning is...
Range v. McLarty - 12/14/1990
The facts in this case are not complex. Plaintiff Range was a passenger in an uninsured vehicle owned by McLarty which was involved in a collision with a vehicle owned by Jacobs Taxi. Jacobs Taxi had insurance and settled with Range...
Elkins v. New Jersey Manufacturers Insurance Co. - 12/12/1990
This appeal requires us to further explain the circumstances under which personal injury protection (PIP) benefits in an automobile insurance policy are to be paid.
Plaintiff Carole Elkins was injured in an automobile...
Dotsko v. Dotsko - 12/7/1990
For purposes of this opinion, we have consolidated two appeals from the Family Part. Michael Dotsko appeals pro se from a judgment of divorce and incidental Family Part rulings. Defendant Charlene Dotsko separately appeals...
Murphy v. Allstate Insurance Co. - 12/7/1990
[246 NJSuper Page 43] Before this court, in this case of first impression, are cross-motions for summary judgment for a declaration concerning the constitutionality, as of 1989, of N.J.S.A. 39:6A-8 of the New
Jersey...
Difalco v. Subaru of America Inc. - 12/4/1990
This appeal challenges an interlocutory order denying the motion of defendant Takata Corporation (hereinafter "Takata") for summary judgment under the statute of limitations, N.J.S.A. 2A:14-2, and sustaining the constitutionality...
Selective Insurance Co. v. Jones - 11/29/1990
[244 NJSuper Page 642] This appeal requires us to identify the statute of limitations governing a petition filed in the Workers' Compensation Division pursuant to N.J.S.A. 39:6A-6 by an automobile liability carrier who seeks...
Lovett v. Lazaroff - 11/28/1990
[244 NJSuper Page 511] This is an insurance coverage case. Plaintiff, injured while a passenger in an uninsured vehicle involved in a New York accident, sought to obtain Personal Injury Protection (PIP) benefits as an additional...
Nolan v. Ho - 7/31/1990
The tragic circumstances underlying this medical malpractice suit do not immediately concern, yet cannot be divorced from, the issue before the Court: whether the trial court acted properly in vacating a final settlement agreement...
Avery v. Arthur E. Armitage Agency - 6/27/1990
[242 NJSuper Page 296] Leave to appeal was granted to the defendant insurance brokers in these three unrelated cases involving common questions of law after partial summary judgment was granted in favor of the plaintiffs in each case...
Eaton v. Eaton - 6/26/1990
[119 NJ Page 632] This appeal involves a wrongful-death action arising out of a one-car accident. Plaintiff, Gerald Eaton, husband of Sandra Eaton and the executor of her estate, instituted the action against Donna Eaton, his...
Novack v. Chait - 6/20/1990
The key issue raised in this appeal is whether a plaintiff who attempts to file a complaint in a personal injury action with a county clerk but who does not have the filing fee should be deemed to have commenced the action within...
Ragusa v. Lau - 6/13/1990
This appeal explores the appropriate method for polling a jury in a civil case. Plaintiff Gaspare Ragusa and his parents sued Dr. Lau and other defendants not involved in this appeal, alleging medical malpractice. "Plaintiff"...
Lerman v. Lerman - 6/13/1990
Under what circumstances may an adverse party in a matrimonial action be called as a witness and to what extent shall that testimony be binding? This court holds not only that an adverse party may be called as a witness, but that...
O''Boyle v. Prudential Insurance Co. - 6/6/1990
This case concerns the right of an insured to collect "no fault" income continuation benefits (N.J.S.A. 39:6A-4) provided by her personal injury protection (PIP) coverage where she has already been fully reimbursed for her lost...
Rubanick v. Witco Chemical Corp. - 6/1/1990
[242 NJSuper Page 39] In these toxic tort cases, consolidated for purposes of this appeal, plaintiffs appeal from orders for summary judgment which dismissed their respective wrongful death actions against defendant Monsanto Company....
Swydersky v. Prudential Commercial Insurance Co. - 3/28/1990
Plaintiff Barbara J. Swydersky is a resident in the household of her son-in-law David Sutton. She was injured on March 27, 1985, when David, driving his car with plaintiff as a passenger, collided with a parked car owned by...
Matter of Martin - 3/23/1990
[118 NJ Page 239] This disciplinary action is based on eight client complaints charging respondent with gross negligence, neglect, and other unethical conduct. Those complaints resulted in four separate recommendations by the...
McCann v. Lester - 3/21/1990
Plaintiff, John McCann, appeals from the granting of defendant's new trial motion at the end of the first of two trials in this medical malpractice case. He also seeks to have the verdict in the second trial set aside due to...
Crespo v. Stapf - 3/21/1990
Defendant Josef Stapf is a resident of Stuttgart, Germany, and owns an unincorporated business known as Josef Stapf Maschinenbeau which is also located in Germany. He sought to dismiss the plaintiff's complaint in this product...
Gautam v. Conte - 3/20/1990
[239 NJSuper Page 363] Plaintiffs Urmila Gautam and Narinder Gautam appeal from a post-judgment order of the Law Division that vacated a judgment against defendant Dominick P. Conte, Esq. (Conte) in this legal malpractice action. The...
Brizak v. Needle - 3/16/1990
[239 NJSuper Page 417] Plaintiff Norma Brizak (plaintiff) alleged in her complaint that defendant, a personal injury attorney, "negligently represented plaintiffs and failed to file a [medical malpractice] law suit against Mohammad...
Holloway v. State - 3/16/1990
[239 NJSuper Page 557] Plaintiff was a prisoner at the Clinton Correctional Institution (Clinton). On July 9, 1981, she dove into an above-ground swimming pool at Clinton and suffered spinal injuries that rendered her quadriplegic....
Johnson v. Mountainside Hospital - 3/12/1990
[239 NJSuper Page 317] Aurelia A. Johnson suffered from Guillain-Barre Syndrome. She was hospitalized on August 13, 1979 at Mountainside Hospital. Since she had trouble breathing, she was connected to a respirator by a tube...
Min Y Lee v. Travelers Insurance Companies - 3/9/1990
Sarah Lee, an infant, was riding her bicycle when she was injured as a result of a collision with a motor vehicle operated by Jack Vierra. Vierra, who was uninsured, was operating a Yamaha Enduro 125. The accident occurred at an...
Maher v. New Jersey Transit Rail Operations Inc. - 3/9/1990
[239 NJSuper Page 216] The issue raised in this appeal is whether federal preemption precludes plaintiff, a railway worker, from proceeding in State court with state law claims for alleged handicap and retaliatory discharge...
Sprague v. Niagara Fire Insurance Co. - 3/8/1990
[239 NJSuper Page 198] The issue in this appeal is whether plaintiff Brian Sprague (plaintiff) was a pedestrian and therefore entitled to personal injury protection (PIP) benefits from defendant Niagara Fire Insurance Company...
Grigoletti v. Ortho Pharmaceutical Corp. - 3/5/1990
[118 NJ Page 92] This case, brought under the New Jersey Law Against Discrimination, requires the Court to determine whether plaintiffs,
two females who were employed by defendants and who were paid less than male...
Foster v. Aetna Casualty and Surety Co. - 3/2/1990
This matter is before the court on a motion by Aetna Casualty and Surety Company for summary judgment. Aetna seeks to deny coverage for certain out-of-pocket expenses incurred by the plaintiff. Plaintiff cross-moves for partial...
Atlantic Employers Ins. Co. v. Tots & Toddlers Pre-School Day Care Center - 3/2/1990
This is an action for declaratory judgment by Atlantic Employers Insurance Company (Atlantic), the insurance carrier for RLN, Inc., trading as Tots & Toddlers Day Care Center (Tots & Toddlers) and Robert Knighton and Nancy...
Pinto v. Garretson - 12/29/1989
Plaintiffs David Pinto, executor of the estate of the late Ezekiel Pinto and Hilda Pinto, individually, appeal from a summary judgment of the Law Division entered in favor of defendants Allstate Insurance Company (Allstate) and...
Sholtis v. American Cyanamid Co. - 12/22/1989
[238 NJSuper Page 12] Plaintiffs appeal from summary judgments granted to the remaining defendants in this strict liability asbestos case. Plaintiffs are Robert J. Sholtis, Jr., Executor of the Estate of Robert J. Sholtis and the...
Lewis v. Preschel - 12/21/1989
[237 NJSuper Page 420] This appeal by defendant Lewis Preschel, M.D., followed a judgment entered after jury verdict favorable to plaintiffs-respondents Thomas Lewis and Kathleen Lewis in a medical malpractice action. The...
Matter of Gallo - 12/15/1989
This disciplinary proceeding arose from a random compliance audit of respondent's trust account. As a result of the audit, the Office of Attorney Ethics (OAE) filed a complaint charging respondent with a number of ethical...
Weinisch v. Sawyer - 12/6/1989
[237 NJSuper Page 196] We are called upon to review the propriety of a Law Division ruling, in a damage action requesting reformation of an insurance contract, that plaintiff was not entitled to a jury trial on any issue other than...
D''Agostino v. Johnson & Johnson Inc. - 6/28/1989
[115 NJ Page 493] We affirm the judgment of the Appellate Division substantially for the reasons set forth in Judge Baime's thoughtful and comprehensive opinion below. 225 N.J. Super. 250 (1988).
We concur with the...
New Jersey Manufacturers Ins. Co. v. Public Service Electric & Gas Co. - 6/28/1989
This is a workers' compensation scope of employment case. John R. Smith (Smith) was employed by respondent Public Service Electric and Gas Company (PSE & G) at the Salem Nuclear Generating Station in Lower Alloways Creek...
Burroughs v. City of Atlantic City - 6/28/1989
Plaintiff Earl Burroughs appeals from a summary judgment order dismissing his personal injury complaint against the City of Atlantic City (City) and four City lifeguards, Teroy Collins, Edward Thomas Porter, Bill Baxter and...
Mantia v. Durst - 6/28/1989
[234 NJSuper Page 535] This case typifies a disturbing trend prevalent in the modern legal profession. Petitioner Evans, Osborne & Kreizman (Evans
Firm) asserts its claim to an apportioned percentage of a contingency...
Russell v. Rutgers Casualty Insurance Co. - 6/23/1989
At issue in this case is whether an insurance carrier providing personal injury protection benefits (PIP) to its insured is required to pay as a part of medical expenses a hospital bill computed pursuant to a diagnosis related...
Lister v. J.B. Eurell Co. - 6/22/1989
Respondent J.B. Eurell Company appeals from a workers' compensation judgment awarding petitioner John Lister total disability benefits for back injuries arising out of a work-related accident which occurred on December 3, 1985. ...
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