News & Events

Jun
05
2017

Appellate Division Deems Excess PIP “Boardable”

The Appellate Division just declared that medical expenses above PIP limits chosen in a standard auto policy are recoverable from tortfeasors. The consolidated decision of Haines v. Taft and Little v. Nishimura involved plaintiffs who selected policies with $15,000 PIP limits under N.J.S.A. 39:6A-4.3(e). Before this decision, there were conflicting trial court opinions as to whether excess medicals could be recoverable, or whether any bills … Continue reading

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Feb
25
2015

Claims Litigation Alliance welcomes Dan Jahnsen as a Member

The firm is proud to announce that Daniel S. Jahnsen has been nominated and accepted into the Claims & Litigation Management Alliance (CLM) The Alliance’s mission is to promote an inclusive, cooperative organization that furthers the highest standards of claims and litigation management and brings together the thought leaders in both industries. Through education and collaboration the organization’s goals are to create a common interest … Continue reading

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Dec
17
2014

Stop Suing 11 Year Olds, So Says The Appellate Division

As Judge Sabatino writes in his opinion, it was a close game, with only 20 seconds left on the clock and, up by one goal, the Medford youth lacrosse player cradled the ball attempting to run out the clock. Along came an 11 year old opposing player, who struck the arm of the Medford player and, in the ensuing collision, both players fell to the … Continue reading

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Sep
26
2014

Supreme Court Confirms Adverse Inference Charge Improperly Applied to Expert

The Supreme Court in Washington v. Perez clarified application of the adverse inference charge as applied to a party’s failure to call an expert. In that case, the defense had named two experts who provided opinions as to the extent of the plaintiff’s alleged injuries. However, for reasons not elaborated upon by defense counsel, neither of whom were called to testify at the time of … Continue reading

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May
23
2014

$450,000 Demand Reduced to $6000 Net Judgment

Plaintiff alleged to have fallen off of a defective chair while at McDonalds.  Following a two week trial, Dan Jahnsen fielded a verdict on behalf of McDonalds wherein the jury awarded the plaintiff a total of $8,000 finding her 25% comparatively fault.  Notably, the plaintiff boarded nearly $200,000 in medicals following a series of three surgeries to different areas of her body, despite the fact that the emergency … Continue reading

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May
06
2014

Shoplifters Beware — Motion for Summary Judgment for Merchant Accusing Plaintiff of Shoplifting Offense

Merchant immune from suit for arrest based upon reasonable suspicion of shoplifting. Continue reading

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Oct
15
2013

Court Enters Summary Judgment for Singles Dance Party Organizer

The music was hopping and the the singles were doing The Hustle to the beat of the Black Eyed Peas. All was good until the plaintiff went down mid-spin, ostensibly due to a spilled drink on the dance floor, sustaining a significant wrist fracture. The dance party organizers had rented a banquet hall and supplied a DJ for the singles event. The plaintiff filed suit … Continue reading

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Oct
01
2013

Terry Bolan selected Lecturer for Continuing Education Course “It’s All About the Alcohol”

The Institution of Continuing Legal Education requested Terry Bolan to provide a lecture on Dram Shop liability issues in a seminar entitled, “It’s All About the Alcohol” No, that’s not a joke. The lectures were even preceded by a lovely wine tasting event, and thank you pregnant Amy Papa for the extra wine chips. Terry has a developed a power point presentation that can be … Continue reading

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Sep
25
2013

Appellate Division upholds $12,000 Jury Verdict with $150,000 demand for Settlement

L. Patrick Dacey had recently tried the case of Pacheco v. Duck Town to conclusion, which resulted in a “low-cause.” That is a Daceyism term meaning the jury’s verdict was far lower than anticipated by plaintiff given the injuries, usually lower than the offer, and always considered a win. I asked Pat for the details on the appeal, but he is apparently too busy prepping … Continue reading

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Sep
23
2013

Appellate Division Upholds Jury’s Defense Verdict Finding Counsel’s Opening and Closing Statements Proper

Dan Jahnsen had tried a case to verdict in which the plaintiff, a former postal employee, claimed significant injuries when an alleged errant “post-con” operated by his client, the only named defendant, struck her. The defendant had denied the incident ever occurred. The jury rendered a verdict in favor of the defense finding no cause of action existed. The plaintiff appealed the verdict, alleging various … Continue reading

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