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Case Briefs

By ALM Staff | Law Journal Newsletters |
February 29, 2008

In, Carbis Sales, Inc. v. Eisenberg, 2007 WL 4301285 (N.J. Super. A.D.), the Superior Court of New Jersey, Appellate Division, recently decided a $1 million malpractice claim against a New Jersey lawyer involving a product liability case. The defendants in the case were unsuccessful at the trial level and, as a result, claimed their lawyer improperly defended them in the case. Significantly, defendants' insurance carrier, Safe Step Reinsurance, Inc., joined in the claim against the lawyer. The Appellate Division reviewed this malpractice claim and subsequently granted all parties a second chance to re-litigate this cause of action.

In the product liability suit, Dennis Carr, a construction worker, alleged that he was injured in 1990 after using a ladder defectively altered by Carbis Sales. Safe Step acted as Carbis Sales' primary insurer during the time of the injury. The jury in the product liability lawsuit awarded $600,000 to plaintiff Carr and $100,000 to his wife for her per quod claim. The final judgment therein, with interest, totaled $1,005,842.27.

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