Samolyk v. Berthe, ___ N.J. ___ (2022). As discussed here, this case involved a set of facts in which one of the plaintiffs jumped into a lagoon to rescue their neighbors’ dog. The plaintiff was injured in doing that, and she and her husband sued the neighbors for their alleged negligence in allowing the dog to get into the lagoon. On a dispositive motion, the Law Division ruled against plaintiffs because no New Jersey case had extended the common law rescue doctrine, which allows suit against a negligent party for injuries suffered by a rescuer of a person, to the rescue of property,...

An enjoyable sojourn in Atlantic City for the New Jersey State Bar Association Annual Meeting and Convention delayed this post. I had the privilege of being part of a panel on “Effective Oral Argument in Appellate and Trial Courts,” which featured Justice Albin, Judge Shwartz of the Thgird Circuit, Judge Fisher of the Appellate Division, and Judge Williams of the District of New Jersey, which was great fun for the panelists and well-received by the overflow crowd of attendees. But now, on to summaries of this week’s published opinions (two other decisions this week were...

Metro Marketing, LLC v. Nationwide Vehicle Assurance, Inc., ___ N.J. Super. ___ (App. Div. 2022). As discussed here, the “sham affidavit doctrine” holds that a party opposing summary judgment cannot claim that an affidavit that contradicts the affiant’s prior sworn evidence, such as deposition testimony, creates a genuine dispute of material fact unless there is a legitimate explanation for the affiant’s changed position. Shelcusky v. Garjulio, 172 N.J. 185 (2002), is the leading New Jersey case regarding the doctrine. This opinion by Judge Sabatino addressed the...