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9 New Jersey opinions name it 2 courts 1968–2024 4 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Jerista v. Murraygreen2 sentences2024Jerista v. Murray, 185 N.J. 175, 191-92 (2005). 2017Jerista v. Murray, 185 N.J. 175, 191-92 (2005). | 2 | 2 |
Anderson v. Somberggreen2 sentences2020Indeed, it is hard to imagine a more appropriate instance for shifting the burden of persuasion A-0211-19T4 12 under the traditional res ipsa loquitor standard described in Anderson v. Somberg, 67 N.J. 291, 298-99 (1975). 2020Indeed, it is hard to imagine a more appropriate instance for shifting the burden of persuasion A-0211-19T4 12 under the traditional res ipsa loquitor standard described in Anderson v. Somberg, 67 N.J. 291, 298-99 (1975). | 2 | 2 |
Meny v. Carlsongreen1 sentence2024"Ordinarily, negligence is . . . 'a fact which must be proved and which will never be presumed, . . . . [but] [t]he doctrine of res ipsa loquitur, where applicable, is a method of circumstantially proving the existence of negligence." Myrlak v. Port Auth. of N.Y. & N.J., 157 N.J. 84, 95 (1999) (quoting Meny v. A-3748-22 12 Carlson, 6 N.J. 82, 91 (1950)). | 1 | 1 |
Myrlak v. Port Auth. of NY and NJgreen1 sentence2024"Ordinarily, negligence is . . . 'a fact which must be proved and which will never be presumed, . . . . [but] [t]he doctrine of res ipsa loquitur, where applicable, is a method of circumstantially proving the existence of negligence." Myrlak v. Port Auth. of N.Y. & N.J., 157 N.J. 84, 95 (1999) (quoting Meny v. A-3748-22 12 Carlson, 6 N.J. 82, 91 (1950)). | 1 | 1 |
Wollerman v. Grand Union Stores, Inc.green1 sentence2022See Wollerman, 47 N.J. at 429 (stating that because “the fair probability is that [the] defendant [store] did less than its duty demanded,” “[i]t is just, therefore, to place ‘the onus of producing evidence upon the party who is possessed of superior knowledge or opportunity for explanation of the causative circumstances’” (quoting Kahalili, 26 N.J. at 606 (res ipsa case), and citing Bornstein v. Metro. | 1 | 1 |
Kahalili v. Rosecliff Realty, Inc.green1 sentence2022See Wollerman, 47 N.J. at 429 (stating that because “the fair probability is that [the] defendant [store] did less than its duty demanded,” “[i]t is just, therefore, to place ‘the onus of producing evidence upon the party who is possessed of superior knowledge or opportunity for explanation of the causative circumstances’” (quoting Kahalili, 26 N.J. at 606 (res ipsa case), and citing Bornstein v. Metro. | 1 | 1 |
Palanque v. Lambert-Woolleygreen1 sentence2021See Palanque v. Lambert-Woolley, 168 N.J. 398, 406 (2001). | 1 | 1 |
Sanzari v. Rosenfeldgreen1 sentence1969Under our cases, proof that a foreign substance has been left in the wound after the incision has been closed is prima facie proof that the operating surgeon has been negligent — the res ipsa loquitor doctrine applies, Sanzari v. Rosenfeld, 34 N.J. 128, 140 (1961) — but the ultimate burden of persuasion that the surgeon has been negligent remains with plaintiff. | 1 | 1 |
Bornstein v. Metropolitan Bottling Co., Inc.green1 sentence1968Bornstein v. Metropolitan Bottling Co., 26 N.J. 263, 269 (1958). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Francois v. American Stores Co.
green
2 sentences2022Francois, 46 N.J. Super. at 398 .1 That is so because the store owner running a self-service operation is “under a duty to take reasonable measures to guard against injuries to customers due to such fallings of stacked merchandise as may result from these actions of other customers.” Ibid. 1 Francois, which is cited approvingly by Wollerman (a mode-of-operation case), relied on the burden-shifting doctrine of res ipsa loquitor, which served as the jurisprudential model for the mode-of-operation doctrine that we know today. 2022Francois, 46 N.J. Super. at 398 .1 That is so because the store owner running a self-service operation is “under a duty to take reasonable measures to guard against injuries to customers due to such fallings of stacked merchandise as may result from these actions of other customers.” Ibid. 1 Francois, which is cited approvingly by Wollerman (a mode-of-operation case), relied on the burden-shifting doctrine of res ipsa loquitor, which served as the jurisprudential model for the mode-of-operation doctrine that we know today. | 1 | 2022–2022 |
Niebel v. Winslow
neutral
1 sentence1969Niebel v. Winslow, supra . | 1 | 1969–1969 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.