Case law

Mayer v. FAIRLAWN JEWISH CENTER AND RANDALL CONSTRUCTION CO., INC.

38 N.J. 549 · Supreme Court of New Jersey · Dec 3, 1962

His rights so far as the statutory *554 immunity is concerned depended upon his own individual relation with the Center. … Protection of such persons against independent negligent acts of commission of the contractee must be considered beyond the scope of that undertaking in the absence of language clearly establishing such a broad obligation

Martin v. Home Insurance

141 N.J. 279 · Supreme Court of New Jersey · Jul 31, 1995

To achieve the purposes of the No-Fault Law (swift reparations and reduction of court congestion), the Legislature in 1985 required that any policy issued by an insurance company qualified to do business in New Jersey covering … Similarly, the exemptions from tort liability for non-economic loss (pain and suffering) established in N.J.S.A. 39:6A-8, the verbal threshold provisions, might not apply in such cases because those provisions come into play

Burrough v. New Jersey Gas Co.

94 N.J.L. 536 · Supreme Court of New Jersey · Jun 14, 1920

Justice Yan Syckcl’s opinion, very clearly intimates, that the special knowledge qualification, namely, experience knowledge of the monetary effect on market value of the presence or absence of shade trees on like property … The necessity, however, for the different kind of well was, if the jury believed the, evidence, fully established.

Davis v. Devereux Foundation

209 N.J. 269 · Supreme Court of New Jersey · Feb 29, 2012

As in Goldberg , the nature of the risk addressed here makes it impossible to clearly define the parameters of the duty. … Under Restatement § 228(1), McClain’s conduct is clearly outside of the scope of her employment.

Contey v. New Jersey Bell Telephone Co.

136 N.J. 582 · Supreme Court of New Jersey · Jul 20, 1994

I dissent in this rather ordinary negligence case because the majority finds grounds to exonerate utilities from any responsibility for the placement of telephone poles and, in effect, accords them unwarranted immunity. … Clearly, governmental authorities have the right to determine the location of utility poles.

J.B. v. W.B.

215 N.J. 305 · Supreme Court of New Jersey · Aug 20, 2013

On the other hand, such a trust only qualifies as an OBRA '93 trust if it contains the assets of the beneficiary. … The trial court’s ‘“award will not be disturbed unless it is manifestly unreasonable, arbitrary, or clearly contrary to reason or to other evidence, or the result of whim or caprice.’ ” Ibid, (quoting Foust v.

State v. Roller

29 N.J. 339 · Supreme Court of New Jersey · Mar 9, 1959

Thereafter he was carried on the records of the evening high school as a duly qualified teacher and received monthly net salary checks from the Board of Education of Jersey City. … The reports of the 1844 Constitutional Convention indicate that our phraseology was used to insure against the contention that a defendant may be entitled to immunity from further trial where his first trial ends, not in

Freeman v. Sayre

48 N.J.L. 37 · Supreme Court of New Jersey · Feb 15, 1886

But if the justification relied on failed, then the proposition needed to be qualified, or was inapplicable. … The proposition should have been thus qualified. Atkins v. Bordman, 2 Metc. 457 , 467; Appleton v. Fullerton, 1 Gray 186 .

Edgewater Investment Associates v. Borough of Edgewater

103 N.J. 227 · Supreme Court of New Jersey · Jul 10, 1986

The Act significantly increased the duration of the statutory tenancy afforded to qualifying elderly or disabled tenants. … To qualify, a tenant must establish that he or she is at least 62 years old or disabled, or is the surviving spouse of an eligible tenant and was at least 50 years old at the conversion date, that the dwelling has been his

In Re In-Progress Trace of a Wire Communication

76 N.J. 255 · Supreme Court of New Jersey · Apr 28, 1978

Said carrier shall be immune from civil liability for any assistance rendered to law enforcement pursuant to this section. … The qualifying language emphasized by the majority relating to unobtrusiveness and continuity of telephone service does not define the kinds of assistance that can be required of a telephone company.

Brandenburg v. Brandenburg

83 N.J. 198 · Supreme Court of New Jersey · Jun 12, 1980

We concluded that it would be “clearly irrational” to regard the duration of the marriage as continuing beyond the date of the execution and delivery of such an agreement. Id. … IV Separation with an Agreement The question remains what type of separation agreement qualifies as signaling the end of the acquisition period.

Carpet Remnant Warehouse, Inc. v. New Jersey Department of Labor

125 N.J. 567 · Supreme Court of New Jersey · Aug 6, 1991

One of a pool of qualified installers selects that job and then installs the carpeting at the customer’s residence or place of business. … I, supra, 129 N.J.L. at 157, 28 A.2d 207 (finding the C criterion had not been established).

Guerrero v. Burlington County Memorial Hospital

70 N.J. 344 · Supreme Court of New Jersey · Jun 10, 1976

If provided, such facilities shall be staffed with qualified personnel. (6) Kadiologic services as required to provide emergency care shall be staffed with qualified technical personnel. (7) Clinical laboratory services as … required to provide emergency care shall be staffed with qualified technical personnel.

Lippman v. Ostrum

22 N.J. 14 · Supreme Court of New Jersey · Jun 13, 1956

What is sought in an earnest and thoughtful presentation is the overthrow of the firmly-established rule of liability to redress in damages a civil injury or wrong attending such a relationship. … The insistence is that “'In the context of the foregoing problems it is clearly erroneous to leave in the automobile law the licensee-immunity concept which is a relic of the land law which grew out of the old feudal tenurial

State v. Papasavvas

163 N.J. 565 · Supreme Court of New Jersey · May 16, 2000

The court qualified Leslie. D. … We are satisfied that the trial court correctly qualified Applegate, but we cannot agree that Shampaner or Leslie were qualified to serve. Each expressed a convincing bias against considering psychiatric evidence.

State v. Allah

170 N.J. 269 · Supreme Court of New Jersey · Jan 17, 2002

Clearly[,] the witness ... after consulting with counsel[,] has a right to take the Fifth Amendment. Clearly[,] that results in creating a very unfair playing field. Can I tell the jury to disregard direct examination? … Reeves, 293 F.Supp. 213, 214 (D.D.C.1968) (recognizing that constitutional immunity from double jeopardy can be waived, but finding that defendant not placed in jeopardy twice).

Frank v. Clover Leaf Park Cemetery Ass'n

29 N.J. 193 · Supreme Court of New Jersey · Feb 16, 1959

The Association established a Bronze Division which handled the disposal of markers. … In commenting on the case, the court indicated clearly that the determination would have been the same whether the requirement was for exclusive or permissive purchase from the cemetery.

Ostrowski v. Azzara

111 N.J. 429 · Supreme Court of New Jersey · Aug 11, 1988

Al *432 though the parties agreed that such habits should not be regarded as evidencing comparative fault for the medical injury at issue, we find that the instructions to the jury failed to draw the line clearly between … Negligent conduct is not “immunized by the concept of ‘avoidable consequences.’

Nelson v. Board of Educ. of Tp. of Old Bridge

148 N.J. 358 · Supreme Court of New Jersey · Mar 12, 1997

An individual may possess multiple endorsements under a certificate, qualifying that person to be employed in the positions covered by the respective endorsements. … Rather, “[w]here ... supervening considerations clearly compel a contrary determination, this, like all other rules of statutory construction^] must give way.”

Town of Secaucus v. Hudson County Board of Taxation

133 N.J. 482 · Supreme Court of New Jersey · Aug 4, 1993

Byrne, the Court established a three-part test to determine whether a statute constituted special legislation. … The effect of the supplemental statute was to guarantee that Cedar Grove would remain “the only municipality to ever qualify for the rebate.” Ibid.