August 20

Verbal Threshold Defense

This past Spring, Goetz Schenker Blee & Wiederhorn was anxiously awaiting the New Jersey Supreme Court’s decisions on the future use of the verbal threshold defense in New Jersey motor vehicle accident litigation. On June 14, 2005, the New Jersey Supreme Court issued two published opinions that definitively eliminated the need of an injured party…

August 20

Elevator Litigation – Need for an expert

It is well settled law in the State of New Jersey that it is recommended that plaintiffs obtain an expert in order to establish that a complex instrumentality was negligently maintained. See Jimenez v. GNOC Corp. 286 N.J. Super 533 (App. Div. 1996). The need for an expert in complex instrumentality cases stems from New Jersey…

August 20

Premise Liability – Exception to commercial landowner’s non-delegable duty to ensure its property is safe for invitees

A commercial landowner has a non-delegable duty to ensure that the property is safe for use by invitees of the landowner’s commercial tenant. However, the New Jersey Superior Court, Appellate Division, published two cases indicating that there is an exception to a commercial landowner’s non-delegable duty in this regard if the landowner provides exclusive control…