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6 New Jersey opinions name it 1 courts 2017–2026 3 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 |
|---|---|---|
Bornstein v. Metropolitan Bottling Co., Inc.green2 sentences2024This theory allows a finder of fact to infer the defendant's lack of due care only when the three elements of the doctrine have been satisfied: "(a) the occurrence itself ordinarily bespeaks negligence; (b) the instrumentality was within the defendant's exclusive control; and (c) there is no indication in the circumstances that the injury was the result of the plaintiff's own voluntary act or neglect." Ibid. (quoting Bornstein v. Metropolitan Bottling Co., 26 N.J. 263, 269 , (1958)). 2024A-1930-22 6 To satisfy res ipsa loquitur, then, plaintiffs would need to demonstrate that an 89-year-old falling while being assisted by a caregiver "itself ordinarily bespeaks negligence"; the environment was within "defendant's exclusive control"; and "there is no indication in the circumstances that the injury was the result of [Alice's] own voluntary act or neglect." See ibid. | 2 | 3 |
In Re Kozlovgreen1 sentence2026In its amplification, the court concluded defendant had "provided ample support for piercing the victim's patient[-]physician privilege." The court found defendant had established the three elements of the privilege-piercing test articulated by the Court in In re Kozlov, 79 N.J. 232, 243-44 (1979). | 1 | 1 |
State v. Hollandgreen2 sentences2020Citing State v. Holland, 176 N.J. 344, 354 (2003), the judge explained the doctrine may be invoked if "the State can prove that incriminating evidence was seized lawfully" even though "an earlier constitutional violation had occurred." The judge summarized his understanding of the three elements of the doctrine, recognized by our Supreme Court in Holland: "(1) the State had probable cause to conduct the search at issue absent the unlawfully-obtained information; (2) the State, 'without the tainted knowledge or evidence,' would have sought a proper warrant; and (3) the initial impermissible sea 2020Citing State v. Holland, 176 N.J. 344, 354 (2003), the judge explained the doctrine may be invoked if "the State can prove that incriminating evidence was seized lawfully" even though "an earlier constitutional violation had occurred." The judge summarized his understanding of the three elements of the doctrine, recognized by our Supreme Court in Holland: "(1) the State had probable cause to conduct the search at issue absent the unlawfully-obtained information; (2) the State, 'without the tainted knowledge or evidence,' would have sought a proper warrant; and (3) the initial impermissible sea | 1 | 1 |
State v. Earlsgreen1 sentence2018See id. at 206-08 (setting forth the three elements); see also State v. Earls, 214 N.J. 564, 592 (2013). | 1 | 1 |
State v. Johnsongreen1 sentence2018See id. at 206-08 (setting forth the three elements); see also State v. Earls, 214 N.J. 564, 592 (2013). | 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 |
|---|---|---|
Meny v. Carlson
green
1 sentence2024It allows a finder of fact to infer the defendant's lack of due care only when the three elements of the doctrine have been satisfied: "'(a) the occurrence itself ordinarily bespeaks negligence; (b) the instrumentality was within the defendant's exclusive control; and (c) there is no indication in the circumstances that the injury was the result of the plaintiff's own voluntary act or neglect.'" Ibid. (quoting Bornstein v. Metro. | 1 | 2024–2024 |
TIERNEY BY TIERNEY v. St. Michael's Medical Center
green
1 sentence2024This theory allows a finder of fact to infer the defendant's lack of due care only when the three elements of the doctrine have been satisfied: "(a) the occurrence itself ordinarily bespeaks negligence; (b) the instrumentality was within the defendant's exclusive control; and (c) there is no indication in the circumstances that the injury was the result of the plaintiff's own voluntary act or neglect." Ibid. (quoting Bornstein v. Metropolitan Bottling Co., 26 N.J. 263, 269 , (1958)). | 1 | 2024–2024 |
State v. Ortense
green
1 sentence2020Applying that test, the motion judge found "the State had probable cause to conduct the search absent the unlawful entry and tainted observation of the silver handgun and [drugs] on the dresser." Citing our decision in State v. A-4110-17T2 7 Ortense, 174 N.J. | 1 | 2020–2020 |
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.