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Blog Category: Personal Injury

“Direct Action Statute” Can Permit Judgment Claimants to Collect from Debtors’ Insurance Policies

Jul 27, 2022 | Written by: Jacob A. Papay, Jr., Esq. |

Pursuant to the Direct Action Statute, NJSA 18:28-2, a personal injury or property damage judgment claimant who is unable to collect the judgment from an insured judgment debtor may seek to collect...

Limitations on Mode of Operation Rule Could Mean Sour Grapes for Some Plaintiffs

Jul 20, 2022 | Written by: Sharon M. Flynn, Esq. |

In a recent decision, the New Jersey Supreme Court ruled that the “mode of operation rule does not apply to the sale of grapes in closed clamshell containers.”  Jeter v. Sam’s Club, 2022 N.J....

Is Rescue of Drowning Dog Covered Under NJ’s Common Law Rescue Doctrine?

Jun 22, 2022 | Written by: Jacob A. Papay, Jr., Esq. |

The New Jersey State Supreme Court recently revisited the Common Law Rescue Doctrine, which permits a rescuer injured during the rescue act to sue a rescued victim who partially or wholly caused the...

Affidavit of Merit Not Needed for Vicarious Liability Claims Involving Unlicensed Employees

Apr 20, 2022 | Written by: Jacob A. Papay, Jr., Esq. |

Lawsuits for injuries, wrongful death, and property damages caused by the malpractice or negligence of licensed professionals or professional entities require an Affidavit of Merit from a licensed...

NJ Supreme Court Reverses Appellate Decision on Employee Parking Lot Injury

Jan 31, 2022 | Written by: Jacob A. Papay, Jr., Esq. |

Last February, I discussed the Appellate Division opinion Lapsley v. Township of Sparta, A0958-19T3 (App. Div. 2021), wherein a Township library employee was injured by a Township snowplow while...

Are Parents Responsible for Actions of Children’s Visiting Friends?

Jan 7, 2022 | Written by: Tracy B. Bussel, Esq. |

As a parent, do you often wonder what responsibility you have for your children’s friends when they visit your home?  What about when hosting a children’s birthday or holiday party?  The...

Can Accepting Responsibility for Drunk Driver Make You Liable for Accident?

Sep 9, 2021 | Written by: Sharon M. Flynn, Esq. |

On June 1, 2021, the Appellate Court held in Vladimir Diaz v. Herbert J. Reynoso that a volunteer who promised the police that he would take responsibility for an intoxicated driver could potentially...

“Timothy J. Piazza’s Law” Signed by Gov. Murphy

Aug 27, 2021 | Written by: Tracy B. Bussel, Esq. |

We have all heard stories about hazing at the hands of fraternities and sororities. Some of us have even experienced such while attending college. This conduct, however, not only affects college-age...

The Current State of Dog Bite Liability in New Jersey

Aug 25, 2021 | Written by: Jacob A. Papay, Jr., Esq. |

Recently, the New Jersey Supreme Court analyzed the current state of a dog owner’s liability in Statute and Common Law for injuries to others from the bite of the owner’s dog.  Goldhagen v....

Is a Commercial Landowner Required to Remove Snow and Ice During a Storm?

Jun 14, 2021 | Written by: Jacob A. Papay, Jr., Esq. |

The NJ Supreme Court has ruled that a commercial landowner is not required to shovel or remove snow and ice from walkways and parking lots during a storm while snow, sleet, or freezing rain is...