New Jersey Work Injury Lawyer

Burlington County Location:
525 Route 73 North
Suite 104
Marlton, NJ 08053

Camden County Location:
111 White Horse Pike
Haddon Hts., NJ 08035

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Archive for October 2012

N.J. Personal Injury attorney determine whether plaintiff who slipped in freezer section of food store was entitled to inference of negligence

In this slip and fall case, the trial court entered an order granting summary judgment to defendant ShopRite, plaintiff appeals. In its motion for summary judgment, ShopRite argued that plaintiff could not prove a duty of care because it did not have actual or constructive notice of the dangerous condition. In opposition, plaintiff argued that because customers in the frozen food section of the grocery store “handle the product that’s frozen and the ice on the product falls on the ground and melts”, she was entitled to an inference of negligence under the mode-of-operation rule. The appellate panel affirmed summary judgment in favor of ShopRite. Plaintiff’s accident occurred on a small slick of clear liquid. She provided no proof as to the source of this liquid and did not establish that the presence of the liquid on the floor was a reasonably anticipatable hazardous condition that ShopRite should have known about or taken steps to guard against. There was no evidence as to how long the liquid was on the floor before plaintiff’s accident. Plaintiff has made no showing that dispensing ice cream from the self-service freezer was likely to create a dangerous condition that was foreseeable by ShopRite.   For information regarding personal injury cases in New Jersey, contact NJ Personal Injury Attorney John F. Renner.

Legal Quote of the Week:

Portia:  To offend, and judge, are distinct offenses,  And of opposite natures.

Shakespeare, The Merchant of Venice, II, (, 1596-1597

New Jersey Workers’ Compensation found disability caused failure to appear in court, therefore dismissal was incorrect

The Division of Workers’ Compensation denied petitioner’s motion to reinstate his employee claim petitions which had been dismissed for failure to prosecute after he failed to appear in court, petitioner appealed. The panel found that the court was aware of petitioner’s claim that his psychiatric problems were caused by a work-related injury and that he was unable to fly to New Jersey because he was suffering from panic attacks, is suffering from a disability which prevented him from appearing to prosecute his claims. Additionally, they stated that it now is clear that he was incapacitated in Texas when he failed to appear and his claim was initially dismissed. The panel reversed and remanded for a hearing on the merits, holding that the equities are sufficiently strong to warrant adjudication on the merits based on the proofs available.   Visit the website of New Jersey work injury lawyer John F. Renner.

Legal Quote of the Week:

America is the place where you cannot kill your government by killing the men who conduct it.

Woodrow Wilson, Address, in Helena, Montana, September 11, 1919

New Jersey Workers’ Compensation does not allow reimbursement of PIP benefits paid to injured driver

Plaintiff appealed the trial court’s denial of its motion to confirm the award of benefits from an arbitrator and its claim petition as a subrogee under New Jersey Workers’ Compensation. The plaintiff paid personal injury protection benefits to M.R. who was injured while driving a car owned by its insured. Plaintiff, believing that M.R. was driving in the course of his employment, attempted to collect reimbursement from defendant, the employer of M.R. and the workers’ compensation carrier. It obtained an award from Arbitration Forums, Inc. and also filed a claim petition, as a subrogee, with the Division of Workers’ Compensation.  The panel affirmed because the AFI arbitrator exceeded his authority because the Division has exclusive jurisdiction, the defendant was not served with the demand for arbitration since plaintiff supplied an incorrect address, despite knowledge of the correction address.   John F. Renner, Esquire, provides representation to workers injured by work accidents in the State of New Jersey.

Legal Quote of the Week:
As to ethics, the parties seem to me as much on a parity as the pot and kettle.
Robert H. Jackson, Mercoid Corporation v. Mid-Continent Co., 320 U.S. 661,679 (1944)