Monthly Archives: October 2011

Remember :You Can’t Sue for Injuries Incurred while Picking Pumpkins

:31-2-3987 Gronwald v. Modica, App. Div. (Buchsbaum, J.S.C.) (5 pp.) Plaintiff arrived at defendant’s farm to pick pumpkins when, due to the morning dew or frost on the grass, she slipped and fell. Plaintiff seeks damages for her injuries. In his motion for summary judgment, defendant contends that he is immune from liability pursuant to the farmers immunity statute. Plaintiffs oppose the summary judgment motion asserting that defendant owes a separate legal duty to provide a reasonably safe means of ingress and egress for business invitees. Here, Mrs. Gronwald entered defendant’s land for the purpose of picking pumpkins. Pumpkins, as horticultural products, fall within the purview of the statute. It is natural in the course of pumpkin-picking for patrons to park their vehicles and walk across the land to reach the farm. Further, dew and frost is a natural condition of the land. Thus, immunity applies because plaintiff’s entry on the land was for horticultural purposes as her injury resulted from a natural condition of the land. Defendant’s motion for summary judgment is granted.

This is why the federal jobs bill is not passing?

House Minority Leader pictured standing, far right, speaks while colleagues play solitaire Monday night as the House convened to vote on a new budget. (AP) The guy sitting in the row in front of these two….he’s on Facebook, and the guy behind Hennessy is checking out the baseball scores.  These are the folks that couldn’tContinue Reading

Merck Dodges the Australian Bullet

While most US Vioxx cases have settled Merck continues to battle people who developed heart attacks after taking Vioxx. The following report came out of Australia today.   SYDNEY – (AP) — An Australian court on Wednesday overturned a judgment that found the once-popular painkiller Vioxx doubled the risk of heart attack and was unfitContinue Reading

Lawyers Need to Behave or Else

No Recourse for Lawyer Stalked by Ex-Client She Dated An appellate ruling serves as a lesson to attorneys that getting romantically involved with a client — never a good idea to begin with — can be particularly perilous in a matrimonial case, where parties are often distraught and unstable


Is this the same J&J that forged a reputation for consumer safety with the Tylenol recall.  The following was reported in today’s NJ Law Journal: JOHNSON & JOHNSON UNIT TO PAY $85M FINE FOR MISBRANDING HEART DRUGSJohnson & Johnson subsidiary Scios Inc. pleaded guilty last Wednesday to a criminal misdemeanor count of misbranding its heartContinue Reading

Belief in yourself

This week marked the passing of Steven Jobs. Perhaps one of his greatest contributions to our children is the example of how to persevere through failure and follow your heart. This video is worth watching:

NJ Appeals Court Lets Down Women Again

The rights as well as the health and safety of NJ Women continue to be placed in jeopardy by our courts. This week the NJ appellate court sided with the drug companies in dismissing the cases of two women who developed breast cancer as a result of taking hormone replacement therapy.