Attorney James P Brady's Legal Cases

Personal injury

Kazan v. Wolinski, 721 F.2d 911 (3rd Cir. 1983)

Nov 18, 1983

OUTCOME: Judgment Vacated and Remanded for New Trial

Automobile collision. Plaintiff sued claiming permanent and total disability as a result of injury to his back, neck and left arm. During jury deliberations, it sent out a note indicating that it dete ... rmined the claimed back condition was not caused by the accident. Then, after being instructed again to return a general verdict, it did so in the anount of $150,000. The court ordered a new trial when Kazan refused to remit $90,000. During the second trial, the court excluded certain evidence based on statements contained in a mid-deliberation jury note from the first trial thus, excluding evidence of the claimed back injury. The second jury returned a verdict of $50,000. Kazan appeals from the final judgment entered on the $50,000 verdict, contending that the court erred by ordering a remittitur or new trial after the first jury verdict and by giving binding effect to the first jury's mid-deliberation note for purposes of the second trial.

Criminal defense

State v. R. R.

Jun 24, 1983

OUTCOME: Not Guilty of all charges

Aggravated Assault. Client had prior prison record. Alleged to have attacked ex-girlfriend's new boyfriend.

Commercial real estate

Ocean County National Bank v. Palmer, 188 N.J. Super. 509 (App. Div. 1983)

Feb 28, 1983

OUTCOME: Reversed, giving priority to the first secured creditor, notwithstanding the hardship to the innocent purchasers in the second sale.

This appeal concerns the priority of liens on a boat which was sold twice by the same merchant to two different purchasers and was pledged as collateral for two loans without the first lien having been ... satisfied and discharged. Trial court entered judgment for purchasers of boat.

Car accident

Polistina v. Polistina, 183 N.J. Super. 291 (App. Div. 1982)

Mar 04, 1982

OUTCOME: Reversed and Remanded for a New Trial

Auto stalled on Route 9. Plaintiffs remained in the car. Before the flares were set, a vehicle driven by defendant Stetz struck the Polistina vehicle, causing personal injuries to plaintiffs. Though i ... t is undisputed that the Polistina vehicle was stopped when hit, there is some question as to how far it intruded onto the traveled portion of the road and how much of it was on the shoulder. Jury found the passenger plaintiffs to be 50% negligent and awarded no damages because their negligence exceeded that of each of the defendants (25% each). Plaintiffs' claim that the trial judge improperly treated plaintiffs as a single entity. The jury was told to determine whether each defendant was guilty of negligence which was a proximate cause of the accident. The jury was then asked "were the plaintiffs Theresa Polistina and Anna Ingrassia guilty of negligence which was a proximate cause of the injuries they received."

James P Brady's Legal Cases (64)

Kazan v. Wolinski, 721 F.2d 911 (3rd Cir. 1983)

State v. R. R.

Ocean County National Bank v. Palmer, 188 N.J. Super. 509 (App. Div. 1983)

Polistina v. Polistina, 183 N.J. Super. 291 (App. Div. 1982)