Per Oyebola v Wal-Mart, an unpublished NJ Appellate Division case, A-1733-17T4, the Court found no liability upon the store or its snow contractor for plaintiff’s slip and fall during an ONGOING snow storm. Thus, when the facts reveal that : Read More …
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Unpublished Bergen County Law Div Case on interplay of Workers’ Comp Liens and Subrogation Law
NJ Transit Corporation v. Sanchez, et. al., an unpublished Bergen County trial court decision held that the workers’ comp carrier could not pursue it’s lien against the tortfeasor because the injured employee was barred from filing suit because of the Read More …
Pedestrian needs nexus to motor vehicle for Deemer Statute to trigger PIP
In Leggette v GEICO, A-1911-15T3, the Appellate Division, in a published opinion found that an out of state plaintiff struck by a NJ motor vehicle while a pedestrian in NJ did not trigger PIP per the Deemer Statute because there Read More …
Defense Expert Barred from Testifying that Plaintiff is Exaggerating Symptoms
In Rodriguez v Wal-Mart, A-4137-14T3, the App. Div. held for the first time in NJ that a defense expert (non-mental health professional) could not opine that plaintiff had symptom magnification. The appellate court ruled that a qualified expert Read More …
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