NEWS Notes green


Third Circuit Upholds Dismissal Of Tort Claim

August 7, 2018

WILLIAM H. MONE reports on a recent published decision from the United States Court of Appeals, Third Circuit. A New Jersey woman was injured as a result of a motor vehicle collision with a vehicle owned and operated by the United States Postal Service ("USPS"). Two weeks thereafter, the woman submitted an administrative tort claim notice to USPS pursuant to the Federal Tort Claims Act ("FTCA"). The woman's claim was subsequently denied by the USPS, and the woman was notified that she was permitted to file suit in federal court no later than six months from the date the denial notice was mailed to her. The woman subsequently filed suit against the USPS and the driver of the other vehicle in the District Court of New Jersey eight months after the denial notice was mailed to her. (...)

Appellate Division Overturns Underinsured Motorist Judgment

July 13, 2018

WILLIAM H. MONE reports on a recent published decision from the Superior Court of New Jersey, Appellate Division. A New Jersey woman was injured as a passenger in her boyfriend's father's vehicle, when the vehicle was struck by another driver. Without notifying the boyfriend's father's insurance carrier, the woman filed suit against the driver of the other vehicle and settled her claim for $15,000. Without notifying her boyfriend's father's insurance carrier of the settlement, the woman sent the carrier two notices indicating that she would accept such an offer and pursue Underinsurance Motorists (UIM) benefits under the boyfriend's father's policy in order to recover the difference between her alleged damages and the $15,000 paid by the other driver. The carrier did not respond to(...)

Appellate Division Overturns Trial Court Ruling On Support Arrears

June 26, 2018

WILLIAM H. MONE reports on a recent published decision from the Superior Court of New Jersey, Appellate Division. A New Jersey mother appealed the denial of her child support enforcement motion, and the Appellate Division remanded the case back to the trial court for a plenary hearing as to the disputed child support arrears owed by the child's father. The mother and father were divorced in 2000 in another state. The mother eventually moved to New Jersey with the child, where she registered the child support order with the Court. In 2015, the woman filed an application to enforce the child support order, alleging that the father owed over $30,000 in child support arrears. The father opposed the application, contending that his arrears were closer to $10,000 because he had been(...)

Appellate Division Affirms Trial Court’s Grant Of Summary Judgment To Homeowners

June 6, 2018

Robert B. Spawn reports on a recent unpublished decision from the Superior Court of New Jersey, Appellate Division. A recent New Jersey case involved a plaintiff-pedestrian who sued a defendant-homeowner after the pedestrian's foot got caught on a raised portion of the sidewalk abutting the homeowner's property, which caused the pedestrian to fall and break her wrist. At the trial level, the pedestrian stated that tree roots on the homeowner's property caused the elevation in the sidewalk, thus creating a defectively dangerous condition and subjecting the homeowners to liability. In response, the homeowners argued that the condition of the sidewalk had remained unchanged from the time they purchased their home until the date of the accident (a span of three years). (...)

June 1, 2018 Kozyra & Hartz, LLC Today Announces That Michael J. Rankin Is A New Partner In The Law Firm

June 1, 2018

Kozyra & Hartz, LLC is pleased to announce Michael J. Rankin is now a partner in the law firm. "Mike joined the law firm in 2013 and has expanded his practice areas to include both a wide variety of civil litigation (motor vehicle personal injury, wrongful death, premises liability, toxic torts, medical and nursing home malpractice, estate, commercial and business, employment, landlord-tenant, real estate, land use and insurance coverage) as well as transactional services involving estate planning and administration, commercial and residential real estate transactions, and general business and corporate services," said Managing Partner and Co-Founder Barry Kozyra. "Mike has always rolled up his sleeves and dug into whatever tasks he faces," said Co-Founder Judith Hartz. "He has(...)