Turner v. Irvington Tp., 430 N.J. Super. 274 (App. Div. 2013).  This opinion by Judge Parrillo reversed the denial of the defendant Township’s motion for summary judgment in a case that sought to hold the Township vicariously liable for the allegedly improper ...

Mahwah Realty Associates, Inc. v. Mahwah Tp., 430 N.J. Super. 247 (App. Div. 2013).  This case, in which plaintiffs sought to block development of a health club, has been back and forth to the Appellate Division several times.  This round of proceedings involved a ...

McLean v. Liberty Health System, 430 N.J. Super. 156 (App. Div. 2013).  This opinion by Judge Ashrafi addresses a number of evidence issues.  The most important, however, relates to the decision of the Law Division to limit plaintiff to one expert witness ...

Mandal v. Port Authority of New York and New Jersey, 430 N.J. Super. 287 (App. Div. 2013).  Plaintiff fell on the platform of a PATH train station and injured herself.  She sued the Port Authority, which operates PATH.  At trial, the judge ...

Henebema v. South Jersey Transportation Authority, 430 N.J. Super. 485 (App. Div. 2013).  The key issue in this case, in which the opinion of the Appellate Division was written by Judge Fasciale, was whether a judge or a jury is to decide “whether defendants ...

Warren Hospital v. John Does, 430 N.J. Super. 225 (App. Div. 2013).  In Dendrite Int’l, Inc. v. Doe No. 3, 342 N.J. Super. 134 (App. Div. 2001), the Appellate Division laid out a four-part test for determining when a plaintiff who is ...

Washington v. Perez, 430 N.J. Super. 121 (App. Div. 2013).  In proper circumstances, a jury may be told that it can consider the fact that a party did not call a particular witness against that party.  That is an “adverse inference charge.”  ...

Townsend v. Pierre, 429 N.J. Super. 522 (App. Div. 2013).  Though this case, which arose out of an auto accident, is a decision on summary judgment, it may be of greatest interest to lawyers and clients whose cases are at the trial stage.  ...

Vega v. 21st Century Ins. Co., 430 N.J. Super. 18 (App. Div. 2013).  More and more, courts are rejecting formalisms and looking to the realities of a situation.  This opinion by Judge Fisher is an example of that. Plaintiff, allegedly injured in ...

Halvorsen v. Villamil, 429 N.J. Super. 568 (App. Div. 2013).  Does the Dram Shop Act, N.J.S.A. 2A:22A-1 to -7, which makes a licensed alcholic beverage server liable for serving a visibly intoxicated person who then causes personal injury or property damage to ...