Ertle v. Starkey N.J .Super. A.D., 1996

November 20, 2014

Superior Court of New Jersey, Appellate Division.

Eugene E. ERTLE and Michelle Ertle, His Wife, Plaintiffs-Appellants,


Charles E. STARKEY, William V. Kelly, James M. Blaney, and Harold C. White, All Individually and d/b/a A Partnership known as Starkey, Kelly, Blaney & White; Gavin T. Natelli; Charles E. Starkey, Trustee Under Indenture of Trust Dated January 1, 1977; Charles E. Starkey and Edward J. Turnbach, Individually and d/b/a Starkey, Turnbach & White, a Partnership; Mary Aileen Starkey and Margaret P. Turnbach, Defendants-Respondents.

Argued May 6, 1996.

Decided June 13, 1996.

In action against building owner and law firm that was tenant, to recover for injuries sustained when videographer delivering videotape of deposition fell through window on door at bottom of stairway, the Superior Court, Law Division, Monmouth County, entered judgment on jury verdict of no cause of action. Plaintiff appealed. The Superior Court, Appellate Division, Petrella, P.J.A.D., held that: (1) although judge’s post-verdict on-the-record colloquy with jury did not violate Judicial Canon, courts should refrain from discussions in future, and (2) jury charge on constructive notice was legally correct.


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