“The word ‘negligence’ is one of broad significance, and in the popular sense it connotes the failure to exercise reasonable care.” (See Reilly v. 180 Club, Inc. (1951) 14 N.J. Super. 420, 423-24.)
“Actionable negligence from which liability arises consists of various essential elements including the disregard or violation of a legal duty.” (See id.)
“And so, actionable negligence is sometimes said to be the failure to exercise the care which an ordinarily prudent person would employ under the existing and surrounding circumstances in the discharge of the duty.” (See id.)
“Negligence is defined as a failure to exercise in given circumstances that degree of care for the safety of others which a reasonably prudent person would exercise under the same or similar circumstances.” (See Eaton v. Eaton (1990) 119 N.J. 628, 635.)
“Negligence may be the doing of an act which the reasonably prudent person would not have done or it may be the failure to do that which the reasonably prudent person would have done under the circumstances then existing.” (See id.)
“Negligence is a departure from that standard of care. By a reasonably prudent person is meant not the most cautious person nor one who is unusually bold but rather a person of reasonable caution and prudence.” (See id.)
“In order to sustain a cause of action for negligence, plaintiff must establish four elements: (1) a duty of care; (2) a breach; (3) proximate causation; and (4) damages.” (See Piper v. Cheesecake Factory, No. A-1339-15T3, at *13-14 (App. Div. Mar. 14, 2018).)
“Proximate cause consists of any cause which in the natural and continuous sequence, unbroken by an efficient intervening cause, produces the result complained of and without which the result would not have occurred." (See id.)
“We review a grant of summary judgment using the same standard that governs the trial judge's decision.” (See Kalim v. Urban Outfitters, Inc., No. A-4811-18, at *10 (App. Div. Mar. 4, 2021).)
“Under that standard, summary judgment will be granted when the competent evidential materials submitted by the parties, viewed in the light most favorable to the non-moving party, show that there are no genuine issues of material fact and that the moving party is entitled to summary judgment as a matter of law." (See id.)
"An issue of material fact is genuine only if, considering the burden of persuasion at trial, the evidence submitted by the parties on the motion, together with all legitimate inferences therefrom favoring the non-moving party, would require submission of the issue to the trier of fact.” (See id.)
“We owe no special deference to the motion judge's legal analysis.” (See id.)
It is well settled that “the concept of legal duty emanates from the responsibility each person bears to exercise due care to avoid unreasonable risks of harm to others.” (See De Milio v. Schrager (1995) 285 N.J. Super. 183, 190.)
It is also well settled that negligence “is the failure to observe for the protection of another person that degree of care, precaution and vigilance, which the circumstances justly demand, whereby such person suffers injury or death.” Cleary v. Camden (1937) 118 N.J.L. 215, 225.)
Mar 19, 2024
Active
Essex County
Essex County, NJ
Mar 11, 2024
Active
Ocean County
Ocean County, NJ
Feb 28, 2024
Active
Gloucester County
Gloucester County, NJ
Feb 10, 2024
Active
Somerset County
Somerset County, NJ
Feb 08, 2024
Active
Hon. L Grace Spencer
Essex County
Essex County, NJ
Jan 22, 2024
Active
Camden County
Camden County, NJ
Jan 18, 2024
Active
Cape May County
Cape May County, NJ
Jan 11, 2024
Active
Mercer County
Mercer County, NJ
Jan 08, 2024
Active
Sussex County
Sussex County, NJ
Dec 19, 2023
Active
Middlesex County
Middlesex County, NJ
Dec 13, 2023
Active
Bergen County
Bergen County, NJ
Dec 06, 2023
Active
Atlantic County
Atlantic County, NJ
Dec 06, 2023
Active
Essex County
Essex County, NJ
Dec 01, 2023
Active
Essex County
Essex County, NJ
Dec 01, 2023
Active
Morris County
Morris County, NJ
Nov 30, 2023
Active
Hon. R Brian Mclaughlin
Mercer County
Mercer County, NJ
Nov 28, 2023
Active
Camden County
Camden County, NJ
Nov 22, 2023
Active
Hon. Anthony V Delia
Hudson County
Hudson County, NJ
Nov 21, 2023
Active
Essex County
Essex County, NJ
Nov 17, 2023
Active
Middlesex County
Middlesex County, NJ
Nov 17, 2023
Active
Hon. Susanne Lavelle
Hudson County
Hudson County, NJ
Nov 17, 2023
Active
Bergen County
Bergen County, NJ
Nov 14, 2023
Active
Morris County
Morris County, NJ
Nov 10, 2023
Active
Middlesex County
Middlesex County, NJ
Nov 07, 2023
Active
Mercer County
Mercer County, NJ
Nov 07, 2023
Active
Bergen County
Bergen County, NJ
Nov 06, 2023
Active
Hon. R Brian Mclaughlin
Mercer County
Mercer County, NJ
Oct 30, 2023
Active
Passaic County
Passaic County, NJ
Oct 26, 2023
Active
Hon. David A Nitti
Monmouth County
Monmouth County, NJ
Oct 23, 2023
Active
Passaic County
Passaic County, NJ
Oct 20, 2023
Active
Hon. Jane L Weiner
Hudson County
Hudson County, NJ
Oct 18, 2023
Active
Camden County
Camden County, NJ
Oct 13, 2023
Active
Bergen County
Bergen County, NJ
Oct 09, 2023
Closed
Hon. Anthony R Suarez
Bergen County
Bergen County, NJ
Oct 09, 2023
Active
Camden County
Camden County, NJ
Oct 06, 2023
Active
Bergen County
Bergen County, NJ
Sep 29, 2023
Active
Camden County
Camden County, NJ
Sep 29, 2023
Active
Gloucester County
Gloucester County, NJ
Sep 29, 2023
Active
Camden County
Camden County, NJ
Sep 28, 2023
Active
Hon. David V Nasta
Bergen County
Bergen County, NJ
Sep 28, 2023
Dismissal
Cape May County
Cape May County, NJ
Sep 22, 2023
Active
Hon. J R Corman
Middlesex County
Middlesex County, NJ
Sep 21, 2023
Active
Middlesex County
Middlesex County, NJ
Sep 20, 2023
Active
Camden County
Camden County, NJ
Sep 20, 2023
Active
Hon. Nicholas Ostuni
Bergen County
Bergen County, NJ
Sep 18, 2023
Active
Bergen County
Bergen County, NJ
Sep 15, 2023
Active
Bergen County
Bergen County, NJ
Sep 15, 2023
Active
Bergen County
Bergen County, NJ
Sep 13, 2023
Active
Camden County
Camden County, NJ
Sep 12, 2023
Active
Hon. ODWYER, JOHN
Bergen County
Bergen County, NJ
Sep 12, 2023
Active
Burlington County
Burlington County, NJ
Sep 11, 2023
Active
Morris County
Morris County, NJ
Sep 11, 2023
Active
Camden County
Camden County, NJ
Sep 08, 2023
Active
Essex County
Essex County, NJ
Sep 08, 2023
Active
Middlesex County
Middlesex County, NJ
Sep 07, 2023
Active
Hon. David V Nasta
Bergen County
Bergen County, NJ
Sep 06, 2023
Active
Essex County
Essex County, NJ
Sep 05, 2023
Active
Essex County
Essex County, NJ
Sep 01, 2023
Active
Bergen County
Bergen County, NJ
Sep 01, 2023
Active
Hon. Anthony R Suarez
Bergen County
Bergen County, NJ
Aug 31, 2023
Active
Essex County
Essex County, NJ
Aug 31, 2023
Active
Hon. Niki Arbittier
Cumberland County
Cumberland County, NJ
Aug 31, 2023
Active
Burlington County
Burlington County, NJ
Aug 31, 2023
Active
Cape May County
Cape May County, NJ
Aug 30, 2023
Active
Essex County
Essex County, NJ
Aug 29, 2023
Active
Camden County
Camden County, NJ
Aug 29, 2023
Active
Passaic County
Passaic County, NJ
Aug 23, 2023
Active
Passaic County
Passaic County, NJ
Aug 21, 2023
Active
Hon. Aravind Aithal
Middlesex County
Middlesex County, NJ
Aug 21, 2023
Active
Hon. Niki Arbittier
Cumberland County
Cumberland County, NJ
Aug 18, 2023
Active
Hon. David V Nasta
Bergen County
Bergen County, NJ
Aug 01, 2023
Active
Hon. Nicholas Ostuni
Bergen County
Bergen County, NJ
Jul 06, 2023
Active
Essex County
Essex County, NJ
Jun 29, 2023
Active
Atlantic County
Atlantic County, NJ
Jun 22, 2023
Active
Camden County
Camden County, NJ
Jun 21, 2023
Active
Mercer County
Mercer County, NJ
Jun 20, 2023
Active
Hon. Aravind Aithal
Middlesex County
Middlesex County, NJ
Jun 19, 2023
Dismissal
Bergen County
Bergen County, NJ
Jun 14, 2023
Closed
Camden County
Camden County, NJ
May 31, 2023
Active
Union County
Union County, NJ
May 31, 2023
Active
Camden County
Camden County, NJ
May 31, 2023
Active
Camden County
Camden County, NJ
May 30, 2023
Active
Hudson County
Hudson County, NJ
May 30, 2023
Active
Union County
Union County, NJ
May 30, 2023
Active
Camden County
Camden County, NJ
May 26, 2023
Active
Union County
Union County, NJ
May 25, 2023
Transfer
Sussex County
Sussex County, NJ
May 23, 2023
Active
Union County
Union County, NJ
May 23, 2023
Active
Camden County
Camden County, NJ
May 22, 2023
Dismissal
Mercer County
Mercer County, NJ
May 19, 2023
Active
Bergen County
Bergen County, NJ
May 11, 2023
Active
Essex County
Essex County, NJ
May 05, 2023
Active
Hon. David V Nasta
Bergen County
Bergen County, NJ
May 04, 2023
Active
Mercer County
Mercer County, NJ
May 04, 2023
Active
Hon. L GRACE
Essex County
Essex County, NJ
May 02, 2023
Active
Burlington County
Burlington County, NJ
May 02, 2023
Active
Hon. MCLAUGHLIN, R
Mercer County
Mercer County, NJ
May 01, 2023
Active
Burlington County
Burlington County, NJ
May 01, 2023
Active
Morris County
Morris County, NJ
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