Newark Trial Team Defends “No Cause” With Appellate Affirmance Of 2023 Jury Verdict

Newark, N.J. (March 17, 2025) - A day after securing a favorable defense verdict  — the Newark Trial Team of Partners Afsha Noran and Colin Hackett received an appellate court affirmance of a “no cause” jury verdict obtained for a firm client in 2023.

In this case, the plaintiff was an adult woman who alleged that she suffered life-altering injuries as a result of slipping and falling at the client's place of business in 2018. Specifically, the plaintiff alleged that the client was negligent when it allowed puddles of water to accumulate in the property's interior lobby area, which she had to traverse. The plaintiff further contended that as a result of the incident, her preexisting lumbar and cervical conditions not only returned, but worsened to the point that she became immobile and required the use of a wheelchair and walker to move. She asserted a significant demand in the six-figure range, which remained in place at the time of trial. After 35 minutes of deliberations, the seven-member jury returned a unanimous "no cause" verdict in favor of Lewis Brisbois' client. In doing so, the jury determined that the plaintiff failed to establish that the defendant was negligent with regard to the plaintiff’s fall.

The plaintiff appealed the jury verdict, focusing on two evidentiary rulings by the trial judge and sought by the defense. These were the exclusion of photographs showing post-accident remedial measures (mopping the floor and placing a caution sign) and exclusion of the incident report prepared by firm client’s employee. The appellate court upheld the trial judge's decision to exclude these photographs under N.J.R.E. 407, which prohibits evidence of subsequent remedial measures to prove negligence. Further, the appellate court agreed with the trial judge that the incident report was inadmissible due to lack of authentication and hearsay concerns. In affirming the defense jury verdict, the appellate court affirmed the trial court's decision, finding no abuse of discretion in the evidentiary rulings and no miscarriage of justice.

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