Timeline2 nj supreme court 2011 tort year in review

N.J. Supreme Court 2011 Torts Year-in-Review

  • Ming Yu He v. Miller

    Ming Yu He v. Miller
    Remititteur CaseCourt tries to create a workable template to guide both the trial and appellate courts when they are called upon to apply the remittitur device. In addressing the issues on appeal, however, we endeavor to make plain the circumstances in which remittitur can and must operate, for only through that effort can we ensure that remittitur is reserved for the few cases in which it is appropriate and proceeds upon a record sufficient to withstand appellate scrutiny
  • Abouzaid v Mansard Gardens Associates, LLC

    Abouzaid v Mansard Gardens Associates, LLC
    Emotional Distress CaseThe Supreme Court ruled unanimously in favor of the third-party plaintiff and ordered the carrier to defend the mothers' Portee claims. Justice Long's opinion is well worth reading because of its excellent history concerning claims for emotional distress.
  • Luchejko v. City of Hoboken

    Luchejko v. City of Hoboken
    Condo CaseDoes a condominium association owe a duty of care to a victim of a trip and fall due to snow and ice on a public sidewalk abutting the condominium? In a 4-2 decision, written by Justice LaVecchia and joined by Justices Hoens and Rivera-Soto and Chief Justice Rabner, the Court clung to the precedent that residential property owners are not liable for sidewalk injuries, even if the defendant had the appearance and resources of a commercial enterprise.