Preview

Superior Court Case Study

Good Essays
Open Document
Open Document
8217 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Superior Court Case Study
Superior Court of New Jersey,
Appellate Division.
Karl KUEHN, Plaintiff-Appellant/Cross-Respondent,
v.
PUB ZONE, Defendant-Respondent/Cross-Appellant, and Maria Kerkoulas, Arm Supply Company, Inc., and Anthony Zois, Defendants.
Argued Oct. 8, 2003.
Decided Nov. 24, 2003.

Patron brought negligence action against tavern in connection with injuries sustained when members of motorcycle gang attacked patron in men 's room. After jury returned $300,000 verdict for patron, the Superior Court, Law Division, Union County, granted judgment notwithstanding the verdict (JNOV) to tavern. Patron appealed, and tavern cross-appealed. The Superior Court, Appellate Division, PAYNE, J.A.D., held that: (1) tavern owed duty to patron to take reasonable
…show more content…
In General; Defective or Dangerous Conditions. Most Cited Cases

Negligence 272 1024

272 Negligence 272XVII Premises Liability 272XVII(B) Necessity and Existence of Duty 272k1021 Duty of Store and Business Proprietors 272k1024 k. Protection Against Acts of Third Persons. Most Cited Cases

Negligence 272 1078

272 Negligence 272XVII Premises Liability 272XVII(C) Standard of Care 272k1075 Care Required of Store and Business Proprietors 272k1078 k. Protection Against Acts of Third Persons. Most Cited Cases
Business owners and landlords have a duty to protect patrons and tenants from foreseeable criminal acts of third parties occurring on their premises.

[9] Landlord and Tenant 233 164(1)

233 Landlord and Tenant 233VII Premises, and Enjoyment and Use Thereof 233VII(E) Injuries from Dangerous or Defective Condition 233k164 Injuries to Tenants or Occupants 233k164(1) k. In General; Defective or Dangerous Conditions. Most Cited Cases

Negligence 272 1024

272 Negligence 272XVII Premises
…show more content…
Carey v. Lovett, 132 N.J. 44, 64, 622 A.2d 1279, 1289 (1993); Rempfer, supra, 4 N.J. at 141, 72 A.2d at

You May Also Find These Documents Helpful

  • Powerful Essays

    Plaintiff Robert Lopez flied a claim against Adelanto Stadium, Inc. claiming negligence on fault of Defendants insufficient design and/or installation of netting protection from foul balls under California Civil Code of Procedure §1714. Compl. ¶ 3. Also, Defendant’s negligence in failure to warn of dangers of foul balls. Compl ¶ 7. Mr. Lopez alleges that Adelanto Stadium, Inc. is liable on the sole grounds that they own the stadium in which Mr. Lopez suffered said injuries. Adelanto Stadium, Inc. moves to dismiss because Mr. Lopez’s claim fails as a matter of law, since it lacks sufficient factual matter to render a finding of negligence.…

    • 1264 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    Exhibit 16.5 is a final pretrial order for the United States District court for the Northern District of Illinois. The case on the pretrial order is Austin Bennaza vs Buddy Smith. The notice states stipulations and statements that deal with the case. It details each parties current state as well as their part in the case. It states what each party owes the other in dealing with the case. It also states how long the trial should take. It allocates specific time to each task associated with the case. The document needs to be prepared and submitted jointly by opposing trial counsel. The pretrial order also needs to be signed by the pretrial judge.…

    • 114 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Cases Cited: R v Coulter (2005) NSWSC 101, R v Gonzales (2004) NSWSC 822, R v Walsh (2009) NSWSC 764, R v Mill (1988) 166 CLR 59, R v King (1997-1998) 99 A Crim R 288…

    • 343 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Cooper V. Austin

    • 864 Words
    • 4 Pages

    Philip J. Cooper v. Charles Austin 837 S. W. 2d 606 (Tenn. Ct. App. 1992)…

    • 864 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    Legal Brief

    • 681 Words
    • 3 Pages

    Palmore v. Sidoti, 466 U.S. 429, 104 S. Ct. 1879, 80 L. Ed. 2d 421 (1984)…

    • 681 Words
    • 3 Pages
    Powerful Essays
  • Good Essays

    New York Palace, Inc.170 Md. App.104.123. 906 A.2d 1028 (2006), an altercation took place at wedding reception after the reception ended. The guests were outside when some of the other guest went back in, passing a restaurant owner on the way, and assaulted the patrons who the guests thought had insulted their wedding reception. The case of Veytsman held that a duty in a negligence claim is an obligation to conform to a particular standard of conduct toward another. There must be special relationship or connection between the parties involved in the case. A special relationship between a business owner and patron, gives rise to a duty to exercise due care to protect the patron when the following arises: the owner had controlled dangerous or defective condition; the owner had knowledge or should have had knowledge of the injury causing condition; and the harm suffered was a foreseeable result of that…

    • 1968 Words
    • 8 Pages
    Good Essays
  • Satisfactory Essays

    Tax Research Memo

    • 790 Words
    • 4 Pages

    | IRC § 6013 (a)IRC § 2 (b)IRC § 152 KNOCHELMANN, JR. v. COMM., (sixth circuit) Cite as 108 AFTR 2d 2011-6011, 08/30/2011 , Code Sec(s) 152; 151; 21; 24; 1; 2…

    • 790 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    State Judges Case Study

    • 633 Words
    • 3 Pages

    The Grand Prairie City Council approved attorney Bryan Arnold as presiding municipal court judge on March 1.…

    • 633 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Torts Breakdown of Elements

    • 3166 Words
    • 13 Pages

    Explain the general differences between intentional torts, negligence, and strict liability. Additionally, explain the elements of intentional torts and negligence and provide working examples to illustrate each.…

    • 3166 Words
    • 13 Pages
    Good Essays
  • Good Essays

    “All rise,” a sexy baritone voice announced from the black muscle-bound Bailiff as he continued speaking to the brimming courtroom gallery, “The Superior Court is now in session. Honorable Judge Ricardo Sandoval presiding. Docket Sixty-Nine: Rutherford vs. Kim. Please be seated.”…

    • 2258 Words
    • 10 Pages
    Good Essays
  • Satisfactory Essays

    Re Harwood 1966

    • 232 Words
    • 1 Page

    Re Lysaght [1966] Ch. 191, Re Woodhams [1981] 1 W.L.R. 493, Harris v. Sharp, unreported (noted [1988] Conv 288, but the case has since gone to the C.A.).…

    • 232 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    Like the associate justices, the Chief Justice is appointed by the President and confirmed by the Senate. There is no requirement that the Chief Justice must serve as an Associate Justice before being appointed to Chief Justice, but 5 of the 17 Chief Justices have served on the Court as Associate Justices prior to becoming Chief Justice. The first job of a Supreme Court justice is to decide what cases should be considered or appointed by the court. This is done by determining whether or not the proposed cases contain questions of constitutional violations or actions against the US. Almost all cases that come before Supreme Court justices are appeals, the cases were decided in lower courts, but one party was unhappy with the decision.…

    • 125 Words
    • 1 Page
    Satisfactory Essays
  • Good Essays

    Law Case Analysis

    • 1016 Words
    • 5 Pages

    The plaintiff William Shelensky was a director who owned a minority stockholder of Defendant Corporation called Chicago National League Ball Club, which operated Chicago Cubs. The Cubs had been suffering operating losses from direct baseball operations from 1961-1965. The director defendant Philip K. Wrigley who owned 80% stock shares did not install lights at Wrigley Field so that the Cubs could not play at night when at home, even though the other 19 major league teams scheduled night games. Defendant (Wrigley) claimed that baseball is a day sport and that playing at night would adversely affect the surrounding neighborhood. William appealed a lawsuit against the director Philip K. Wrigley and other directors that their mismanagement of not building lights for night games was contrary and unrelated to business interest, causing inadequate attendance and company financial losing. Oppositely, defendants argued that courts couldn’t interfere business decisions unless there is fraud, illegality or conflict of interest.…

    • 1016 Words
    • 5 Pages
    Good Essays
  • Powerful Essays

    [ 8 ]. To cite, WT/DSB/R, WT/DS10/R, WT/DS11/R (11 July 1996) (Adopted as Modified by the Appellate Body 1…

    • 6318 Words
    • 26 Pages
    Powerful Essays
  • Powerful Essays

    Civil Law Case Digest

    • 7347 Words
    • 30 Pages

    This case had its roots in Special Proceedings No. 3103 of Branch I of the CFI of Pasig, Rizal, for the settlement of the estate of the deceased Julio Cantolos, involving six (6) parcels of land situated in Tanay Rizal. Amonoy was the counsel of therein Francisca Catolos, Agnes Catolos, Asuncion Pasamba and Alfonso Formida. On 12 January 1965, the Project of Partition submitted was approved and xxx two (2) of the said lots were adjudicated to Asuncion Pasamba and Alfonso Formilda. The Attorney's fees charged by Amonoy was P27,600 and on 20 Jan 1965 Asuncion Pasamba and Alfonso Formida executed a deed of real estate mortgage on the said two (2) lots adjudicated to them, in favor of Amonoy to secure the payment of his attorney's fees. But it was only on 6 Aug 1969 after the taxes had been paid, the claims settled and the properties adjudicated, that the estate was declared closed and terminated.…

    • 7347 Words
    • 30 Pages
    Powerful Essays