Pannucci v. Edgewood Park Senior Housing- Phase 1, LLC, ___ N.J. Super. ___ (App. Div. 2020). As Judge Ostrer explained in his opinion for the Appellate Division today, the “settled doctrine of res ipsa loquitur,” which means “the thing speaks for itself,” allows a jury “to infer a defendant’s negligence, enabling a plaintiff to make a prima facie case.” To trigger the doctrine, a plaintiff must show that “first, the accident was one that ‘ordinarily bespeaks negligence,’ that is, someone’s negligence more likely than not...

Pickett v. Moore’s Lounge, 464 N.J. Super. 549 (App. Div. 2020). This was an insurance coverage case. Plaintiff’s decedent was shot to death at the defendant tavern by another patron following an argument. After settling with other defendants, plaintiff sought payment from the tavern’s liability insurer. The appeal, decided today, focused on a policy exclusion for claims “arising out of any act of ‘assault’ or ‘battery’ committed by any person” and encompassed any claims “arising out of … any act or omission in connection with...

Bandler v. Landry’s, Inc., ___ N.J. Super. ___ (App. Div. 2020). Plaintiff, a competitive poker player, saw an advertisement for a “Grand Poker Series” tournament to be held at the Golden Nugget casino in Atlantic City. Plaintiff alleged that the ad promised $150,000 in prize money. from twelve “one day tournaments” to be held over the course of ten days. The ad did not state whether that prize money was guaranteed, but it did say, in small print at the bottom, that “Management reserves all rights to change or cancel at any time.” Plaintiff traveled...