- GLEN J. HEUMAN, ET AL. VS. WAYNE HEUMAN, ET AL. (L-2951-19, ATLANTIC COUNTY AND STATEWIDE) A-1593-21 Appellate Dec. 11, 2023
- L.P. VS. S.C. (FV-13-1042-22, MONMOUTH COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-2148-21 Appellate Dec. 11, 2023
- DIALECTIC DISTRIBUTION LLC, ET AL. VS. CERTAIN UNDERWRITERS AT LLOYD'S LONDON, ETC. (L-6801-20, BERGEN COUNTY AND STATEWIDE) A-3905-21 Appellate Dec. 11, 2023
- THE LAW OFFICE OF RAJEH A. SAADEH, LLC VS. ZBIGNIEW LANKAMER (L-0749-22, SOMERSET COUNTY AND STATEWIDE) A-0271-22 Appellate Dec. 11, 2023
- STATE OF NEW JERSEY VS. JARON STROTHER (11-10-2489, ATLANTIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-0320-22 Appellate Dec. 11, 2023
- ANNA MARIE SOTO VS. HOOSIER CARE, INC. (DIVISION OF WORKERS' COMPENSATION) A-0507-22 Appellate Dec. 11, 2023
- A.I. VS. D.I. (FV-02-0443-16, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-0658-22 Appellate Dec. 11, 2023
- ROSETTA HARGETT, ETC. VS. HAMILTON PARK OPCO LLC, ET AL. (L-1587-21, HUDSON COUNTY AND STATEWIDE) A-2036-22 Appellate Dec. 11, 2023 Summary A-2036-22 In this medical malpractice action, plaintiff, as administratrix ad prosequendum for the estate of decedent, sued a nursing facility and a hospital alleging negligent care that resulted in pressure wounds and, ultimately, decedent's physical decline and death. Plaintiff asserted direct claims of administrative negligence against both facilities as well as claims based on vicarious liability for nursing malpractice. Plaintiff served a single affidavit of merit ("AOM") executed by a registered nurse who opined that the nursing home, the hospital, and members of their nursing and nursing administrative staff deviated from the applicable standards of care. The AOM did not distinguish between the nursing staffs at the separate facilities and did not name any individual nurses. The trial court conducted two Ferreira conferences. Defendants objected to the AOM because the nurse who executed it was not qualified to render an opinion as to direct administrative negligence claims against the facilities and the AOM did not identify any individual nurses for whom the facilities could be held vicariously liable. Plaintiff did not seek to conduct any pre-AOM discovery and declined the opportunity to serve a supplemental AOM. Defendants moved to dismiss for failure to serve an appropriate AOM, and the trial court dismissed the complaint on that basis. Plaintiff subsequently settled her claims against the hospital. On appeal, plaintiff abandoned her direct administrative negligence claim against the nursing home and proceeded based only on vicarious liability. The court affirmed, concluding the AOM was not sufficient to support plaintiff's vicarious liability claim because it indiscriminately combined the nursing staffs of two separate facilities and did not identify any individual nurses. The court also concluded plaintiff's claim was in essence an administrative negligence claim because it was based on the nursing home's systemic failure to provide adequate care rather than a claim based on the negligence of any individual nurses. Close
- STATE OF NEW JERSEY VS. GEORGE J. SAPPAH AND GRETA J. SAPPAH (21-02-0037, WARREN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-2237-22 Appellate Dec. 11, 2023
- ALLEN SATZ VS. MARION B. SOLOMON, ET AL. (L-2373-22, BERGEN COUNTY AND STATEWIDE) A-1042-22 Appellate Dec. 12, 2023
- LJ'S ACQUISITION GROUP, LLC VS. JOHN MICHAEL COHAN (DC-002529-22, CAMDEN COUNTY AND STATEWIDE) A-3961-21 Appellate Dec. 12, 2023
- STATE OF NEW JERSEY VS. TERRELL JACKSON (21-10-0651, UNION COUNTY AND STATEWIDE) A-3691-21 Appellate Dec. 12, 2023
- IN RE REAUTHORIZATION OF CAFRA INDIVIDUAL PERMIT AND TAW, ETC. (NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION) A-3464-21 Appellate Dec. 12, 2023
- DCPP VS. A.J. AND D.P., IN THE MATTER OF H.P. (FN-08-0117-21, GLOUCESTER COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-3340-21 Appellate Dec. 12, 2023
- BENJAMIN H. REALTY CORP., ET AL. VS. INEZ D. YOUNG (LT-005138-21, ESSEX COUNTY AND STATEWIDE) A-3158-21 Appellate Dec. 12, 2023
- STATE OF NEW JERSEY VS. MICHAEL WASHINGTON (18-01-0045, SOMERSET COUNTY AND STATEWIDE) A-2596-21 Appellate Dec. 12, 2023
- UNITED STEEL, ETC. VS. OCEAN COUNTY UTILITIES AUTHORITY (L-2608-21, OCEAN COUNTY AND STATEWIDE) A-2538-21 Appellate Dec. 12, 2023
- SHALIK COLEMAN VS. NEW JERSEY DEPARTMENT OF CORRECTIONS (NEW JERSEY DEPARTMENT OF CORRECTIONS) A-1765-21 Appellate Dec. 12, 2023
- STATE OF NEW JERSEY VS. JOHN MOLINA (MA-21-13, SOMERSET COUNTY AND STATEWIDE) A-2474-21 Appellate Dec. 12, 2023
- STATE OF NEW JERSEY VS. ANTHONY WHITE (13-12-3098, ATLANTIC COUNTY AND STATEWIDE) A-1760-21 Appellate Dec. 13, 2023