Kenneth Mr. Vercammen was included in the 2017 “Super Lawyers” list published by Thomson Reuters.

To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or visit www.njlaws.com

(732) 572-0500

Thursday, July 26, 2012

FELIX MANGUAL VS. LAZAR BEREZINSKY, ET AL. JUDITH MANGUAL AND FELIX MANGUAL VS. LAZAR BEREZINSKY, ET A


FELIX MANGUAL VS. LAZAR BEREZINSKY, ET AL. JUDITH MANGUAL AND FELIX MANGUAL VS. LAZAR BEREZINSKY, ET AL.        A-0979-11T4

We affirm summary judgment to plaintiffs on liability in
this res ipsa case because plaintiffs’ proofs, although
circumstantial, were sufficient to make out a prima facie case
of negligence, which defendant could not rebut as he had no
explanation for his car having spun out of control and left the
roadway, striking and injuring plaintiffs as they stood on the
shoulder outside their disabled car. We reverse the summary
judgment to plaintiffs on agency. Although the parties made
cross-motions on a largely undisputed record, the inferences
that could be drawn from the undisputed facts vary greatly thus
requiring the agency issue to be determined by the jury. 07-23-12