A typical defense Answer in a dog bite case will refute the claims made in the Complaint. Proposed Local Rule Amendments. The exception to this rule is contained in the no fault provisions of the motor vehicle and traffic regulations which provide that the benefits allowed for personal injury protection shall be payable as loss accrues without regard to collateral sources, except that benefits collectible under workers compensation insurance, employees temporary disability benefit statutes, Medicare provided under federal law, and benefits, in fact collected, that are provided under federal law to active and retired military personnel shall be deducted from the benefits collectible. New Jersey Rules Appendices Appendix - Appendix II. Under the loading and unloading doctrine, a trucking company may be held to defend and indemnify other parties involved in the loading and unloading of its truck. LexisNexis and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information. However, the threshold limitation does not apply to passengers on New Jersey Transit buses and other buses not eligible for bus-PIP benefits [e.g. Standard Defenses That Should Be Raised. CN: 10148. Same must be served at least 10 days before trial. Court Rules - Appendices, Table of Cases - Gann Law Diminished value is a viable theory of recovery for property damage in New Jersey. 10. Law firms included on the list are recognized for professional excellence with consistently impressive ratings from clients and peers. The scope of interrogatories is limited only by the broad scope of discovery gener- ally. However, in such circumstances the workers compensation carrier will have a statutory lien against any money that the injured party recovers from the responsible party, equal to 2/3 of the workers compensation benefits that have been paid on the injured partys behalf. A review of case law on this issue reveals the following five-step analysis to determine whether an employee has two employers: (1) the employee has made a contract of hire, express or implied, with the special employer; (2) the work being done is essentially that of the special employer; (3) the special employer has the right to control the details of the work; (4) the special employer pays the special employees wages; and (5) the special employer has the power to hire, discharge or recall the employee. Certified by the Supreme Court of New Jersey as a Civil Trial Attorney, Ms. Ramos is an experienced litigator with over 30 years' experience handling diverse matters. 4. Contact Us| N.J.S.A. If not so made, objections to venue shall be deemed waived except that if the moving party relies on R. 4:3-3(a)(2), substantial doubt that a fair and impartial trial can be had in the county where venue is laid, the motion may be made at any time before trial. Third, the jury pool is drawn from a number of counties so it is more diverse. It is withdrawn only by the passage of time and thus, once made, must remain open for a period of 90 days or until ten days prior to trial, whichever period expires first. Supreme Court Committee Reports. The Punitive Damages Act provides (1) a punitive damages cap of $350,000 or five times the liability of the defendant for compensatory damages, whichever is greater; (2) changes the standard of proof from preponderance of the evidence to clear and convincing evidence; (3) requires an award of compensatory damages of at least $500; and (4) is effective for causes of action filed on or after October 27, 1995. (b) A party may propound a supplemental interrogatory twice before . A lessee which is a DOT authorized carrier assumes full responsibility for the leased equipment and the entire combination.
