Legal Updates

Appellate Division Rules that Balance Loss Could be “Objective” and “Substantial” Under the Tort Claims Act Injury Threshold Against a Public Entity

Nov 28, 2023

On October 27, 2023 the New Jersey Appellate Division issued an unpublished decision which addressed the verbal threshold a plaintiff must overcome to bring a successful claim for pain and suffering against a public entity or public employee in the State of New Jersey under the Tort Claims Act...

New Jersey Appellate Division Imposes a Duty of “Reasonable Inquiry” on Owner of a Forklift prior to Entrusting it to Another

Nov 6, 2023

In a recent unpublished Appellate Division case decided on October 30, 2023, the Court was called upon to determine whether there exits a duty of inquiry when a piece of equipment, in this case, a forklift, is entrusted to another individual. In Medina v. Bartlett Dairy, Inc, the plaintiff,...

New Jersey Appellate Court Refuses to Apply the “Mode of Operation” Doctrine in a Slip and Fall at a Supermarket

Jun 16, 2023

In a recent unpublished Appellate Division case decided on June 1, 2023, the Court addressed the issues of actual or constructive and the “mode of operation” doctrine in the setting of a slip and fall at the supermarket.  The trial court held that the doctrine did not apply and...