New Jersey Personal Injury Law Blog | James C. DeZao

Multiple Tries at Getting Videos from State Merits Extra Time to File Claim
Failed attempts to obtain videotapes of an accident purportedly involving a state vehicle can constitute extraordinary circumstances warranting extension of the tort claims act's 90 day notice, according to a recent state appeals court decision.
 

Landowner's Liability Act, Personal Injury Negligence Complaint, Liberty State Park
In the case of 36 –2 – 9895 Vaxtor v Liberty State Park, the plaintiff had stepped into a hole and fell at Liberty State Park.
 

Tort Claims Act, Municipal Government Responsibility for Police Actions in an Automobile Accident
In the recent Appellate Division case of Jackson v Contento 36-2-9638, which is an unpublished decision, the Appellate Division upheld the trial court's dismissal of plaintiff's case.
 

Court to Decide Increase in Jury Award
The New Jersey Supreme Court has agreed to look at how far personal injury lawyers can go in their closing statements to a jury.
 

Plaintiff Required to Maintain PIP coverage by Law
There was a recent Appellate Division case of Simmons v Lynch, 05 – 2 – 9767, where the plaintiff was involved in a motor vehicle accident while driving an insured vehicle owned by her employer. At the time of the accident the plaintiff owned a vehicle which was uninsured.
 

Permanency Certification
In this case the plaintiff was unable to obtain a certificate of permanency from her treating doctor, however she did obtain one from a doctor who later admitted in depositions that he was not her treating physician. (Puerta v Novello)
 

Plaintiff Appeal of a Grant Summary Judgement
There was also another recent Appellate Court decision which was unpublished 25 –2 – 9554 Paula Middleman v. New Jersey Transit. In this case, the plaintiff appealed a grant of summary judgment by the trial court dismissing her complaint where she alleged gender age and race discrimination.
 

Selective Insurance and Personal Injury Protection
There was a recent Appellate Division case not approved for publication 23 – 2 – 9553  Rashabov v. Alfuso, whereby the plaintiff appealed from a trial court order for summary judgment dismissing his claims for insurance coverage from the defendant's Selective insurance company for injuries he suffered in a motor vehicle accident.
 

Plaintiff's Claim for Pain & Suffering Damages Dismissed
There was a recent Appellate Division case which was not approved for publication captioned, 23-2-9612 Bredell v Palischak, App Div., Which upheld the trial court's grant of the defendant's motion for summary judgment which dismissed the plaintiff's claim for pain and suffering type damages.