CASES

The following are cases with reported decisions. Cases that are not reported a listed at the bottom of this page.

Green v J.C. Board of Education
New Jersey Supreme Court, 2003, upheld verdict for punitive damages against public entity under Conscientious Employee Protection Act (CEPA) against challenge to principle of allowing punitive damage verdicts against public entity under statue; also upheld jury verdict for compensatory damages and trial court award of counsel fees for Jersey City schoolteacher who refused to engage in corrupt practices of school principal, and was harassed in early retirement. 177 N.J. 434, 828 A. 2d 883 (2003).

Mosley v. Femina Fashions
Superior Court, Appellate Division, 2002. Reversed decision of trial court which had dismissed claim of deaf and mute factory worker that she was required to work overtime without pay resulting from her disability; recognized vulnerability of disabled employee; remanded for trial. 356 N.J. Super. 118, 881 A. 2d 911 (App. Div., 2002).

French v. N.J. School Board
N.J. Supreme Court, 1997. Held that auto insurance policy of employer applied to employee injured in motor vehicle accident during employment by under-insured driver. Held that under-insured coverage was not limited to the employee’s personal auto insurance policy; reversed decisions of lower courts and remanded for trial. 149 N.J. 478, 694 A. 2d 1008 (1997)

Jenkins v. Region Nine
Superior Court, Appellate Division, 1997. Revered trial court decision which had dismissed case on summary judgment of employee who was terminated after having been made promises by her employer. Causes of action based on promissory estoppel and wrongful interference with economic relationship upheld; trial court reversed, case remanded for trial. 306 N.J. Super. 258, 703 A. 2d 664 (App. Div., 1997)

Washington v. Market Transition Facility
Superior Court, Appellate Division, 1996. Action to recover PIP benefits under plaintiff’s auto insurance policy, where insurer had paid some benefits and then stopped paying. Held that statue of limitations was two years from last benefit payment. Trial court reversed, case remanded for trial. 295 N.J. Super. 368, 685 A. 2d 57 (App. Div., 1996).

Lieberman v. Port Authority
N.J. Supreme Court, 1993. Established potential liability of Port Authority as manager of Port Authority terminal in NYC after buss passenger was attacked by homeless person in the terminal. Lower court decisions reversed, case remanded for trial. 132 N.J. 76, 662 A. 2d 1295 (1993).

Wunschel v. City of Jersey City
N.J. Supreme Court, 1984. Reversed lower court decisions and remanded for trial in case involving police officer on “moonlighting” job shot by police officer partner. Resolved issues involving defenses available to police officer partner and applicability of workers compensation act.

Whitehead v. St. Joe Lead
3d Circuit Court of Appeals, 1984. Established potential liability of manufacturers of lead sold to employer without warnings that air-born lead could cause physical harm to exposed employee. Trial court reversed and case remanded for trial. 729 F. 2d 238 (3d. Cir., 1984).

Krumholz v. TRW
Superior Court, Appellate Division, 1976. Established cause of action for compensatory damages for negligence against company which published inaccurate credit information about plaintiff. Trial court reversed, case remanded. 142 N.J. Super. 80, 360 A. 2d 413 (App. Div., 1976).

Winters v. City of Jersey City
N.J. Supreme Court, 1973. Reversed lower court decisions in medical malpractice case against city hospital, holding that charitable immunity act, as then written, did not apply to city-owned hospital. Upheld verdict for damages. 63 N.J. 7, 304 A. 2d 196 (1973).

NOT a Reported Case

A v. B
settled case for $3 million dollars seeking to establish liability against manufacturers of gasses, sterilizer, and hospital, for exposure of pregnant hospital worker to sterilizer gas used in hospital sterilizer which caused profound brain injury to fetus.

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