Rational Contractinc Inc. v. Frankoski Const. Co.SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-5644-10T4
Jul 10, 2012
OUTCOME: Verdict for Plaintiff on Counter-Claim
The proper
measure of damages is the reasonable cost to complete the work and remedy the defects.
Personal injury
GREMBOWIEC v. GEISLER et als SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-3100-09T1; November 30, 2010
Nov 30, 2010
OUTCOME: Verdict for Plaintiff
The trial court altered the model charge by adding language that requires the driver to be aware of the presence of wildlife on New Jersey roads:
Where the view of the roadway ahead is impaired by... obstructions to view caused by darkness, there is a duty to exercise care commensurate with the risk of the hazard presented. The operator of a motor vehicle in such a situation is required to exercise reasonable care, that is, such care as the existing conditions require, to have his vehicle under such control as to be able to stop, if necessary, to avoid harm to others on the roadway.
In addition, while operating a vehicle at night time, the operator is required to anticipate that other vehicles and persons or animals or other objects may be on the highway and must use reasonable care to adjust his lights so that he can observe vehicles or pedestrians, objects or animals at a sufficient distance to avoid contact with them at the speed with which they're traveling.
Personal injury
Kuehn v. Pub Zone, 364 N.J.Super. 301, 835 A.2d 692, N.J.Super.A.D., November 24, 2003
Nov 24, 2003
OUTCOME: Verdict for Plaintiff
Established duty of tavern owner to protect patrons from assaults caused by their unruly customers.
Personal injury
DEFFER v. SHOP-RITE SUPERMARKETS 332 N.J. Super. 540 (App.Div. 2000)
Jul 11, 2000
OUTCOME: Favorable to Plaintiff
The Appellate Division granted plaintiff's motion for leave to appeal from an interlocutory order permitting defendant Shop-Right Supermarkets, Inc. d/b/a Shop-Right of Kearney (Shop-Right) to subpoena... and elicit expert testimony from plaintiff's medical malpractice expert, Dr. Roschelle, "for the purpose of establishing deviations from accepted standard [sic] of medical practice of settling Co-Defendants, Dr. Moaven, Dr. Marra, St. Michael's Hospital and United Hospital." In essence, Shop-Right intended to use the plaintiff's expert to establish that the settling defendants were tortfeasors and, thus, receive credit for their respective percentages of negligence in the event plaintiff prevailed against Shop-Right. The Appellate Division reversed the trial court's order under review and barred defendant's use of plaintiff's expert opinion testimony, who plaintiff did not intend on calling at trial, because of the settlement reached with the defendant-physcians.
Personal injury
Straley v. United States, 887 F. Supp. 728 (D.N.J. 1995)
Jan 01, 1995
OUTCOME: 4.8 Million Dollar recovery. Verdict in favor of plaintiff.
Evidential motions in limine for serious injuries sustained from a collision between a garbage truck and mail delivery truck.
Personal injury
Pascale vs. United States of America, 998 F.2nd 186 (3rd Cir. 1993)