PRELIMINARY STATEMENT

PERSONA

IN THE SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. __________________

CIVIL ACTION

Plaintiff/Appellant v.

PERSONA & Associates, LLC. Defendant/Respondent

ON APPEAL FROM SUPERIOR COURT OF NEW JERSEY, LAW DIVISION, MIDDLESEX COUNTY.

TRIAL COURT CASE NO. _______________

SAT BELOW

The Honorable PERSONA

BRIEF AND APPENDIX ON BEHALF OF

PLAINTIFF/APPELLANT

On the Brief:

PERSONA

ADDRESS

TABLE OF CONTENTS

TABLE OF AUTHORITIES………………………………………………………………………………………….3 PRELIMINARY STATEMENT …………………………………………………………………………………….4 PROCEDURAL HISTORY AND STATEMENT OF FACTS …………………………………………….5

ARGUMENT………………………………………………………………………………………………………………7 I. THE APPELLEE COMMITTED LEGAL MALPRACTICE……………………………………..7

THE TRIAL COURT ABUSED ITS DISCRETION BY DISMISSING APPELLANT’S CASE ……………………………………………………………………………………………………………………..9

CONCLUSION………………………………………………………………………………………………………….10 CERTIFICATE OF SERVICE……………………………………………………………………………………..11 APPENDIX ………………………………………………………………………………………………………………12

TABLE OF AUTHORITIES

Cases

Case No. ____________ ……………………………………………………………………………………………..4 citing State v. Jersey Central Power & Light Co., 69 N.J. 102, 110 ( 1976)), certif. denied, 93 N.J. 297 (1983)…………………………………………………………………………………………………………7 Conklin v. Hannoch Weisman, 145 N.J. 395, 416 (1996)…………………………………………………….7 PERSONA & Associates LLC., Case No. __________…………………………..4 Flagg v. Essex Cnty. Prosecutor, 171 N.J. 561, 571 (2002)…………………………………………………9 Froom v. Perel, 377 N.J. Super. 298, 310 (App. Div.) ………………………………………………………..7 Jerista v. Murray, 185 N.J. 175, 190-91 (2005);………………………………………………………………..7 Lamb v. Barbour, 188 N.J. Super. 6, 12 (App. Div. 1982) …………………………………………………..7 McGrogan v. Till, 167 N.J. 414, 425 (2001);…………………………………………………………………….7 R.J. Longo Construction Co. v. Schragger, 218 N.J. Super. 206, 527 A.2d 480, 481 (1987) ……..7 State v. Carter, 91 N.J. 86, 106 (1982); ……………………………………………………………………………9 State v. Goodman, 415 N.J. Super. 210, 224-25 (App. Div. 2010) ………………………………………..9 State v. Morton, 155 N.J. 383, 453 (1998), ……………………………………………………………………….9 Storey v. Storey, 373 N.J.Super. 464, 479 (App. Div. 2004) (citations omitted) ………………………9

Rules

New Jersey Rules of Professional Conduct……………………………………………………………………….8

PRELIMINARY STATEMENT

This appeal arises from the Trial Court’s decision in PERSONA& Associates LLC., Case No. ___________, where the learned Judge Turula entered an Order granting Appellee’s Motion to Dismiss in Lieu of an Answer and Dismissing the Complaint with Prejudice. The Appellee argued, inter alia, that the Appellant erroneously held that he was being coerced into entering the Settlement Agreement1. Appellant also argued that the Appellee cannot be held liable for legal malpractice because Appellant fired Appellant before the case was concluded. According to the Appellee, the Appellant cannot show that the Appellee proximately caused Appellant’s damages. Lastly, they contended that there can be no malpractice claim because the case (Case No. MID-L-5999-17) is still ongoing.

On or about April 1, 2021, the Court held a hearing on the said matter, and granted Appellee’s prayers2. The Court held that Appellant lacked sufficient facts to show he had suffered damages as a result of Appellees’ actions and/or inactions. Notably, the Court observed that the accident case was still pending at the Court and that it could not be concluded that the Appellee’s actions amounted to legal malpractice3.

Appellant seeks to appeal the court’s decision.

1 Tr. 5:13. (All references herein to Tr. refer to the page and line number of the Trial Court’s Transcript, respectively).

2 Tr. 19:8-24.

3Ibid.

PROCEDURAL HISTORY AND STATEMENT OF FACTS

Appellant filed a personal injury action against Patricia A. Gontane , the Defendant at the Middlesex County Superior Court Law Division at MID-L-5999-17 (hereinafter, “Patricia”), which case is currently active.

The Appellee filed a claim on behalf of the Appellant, October 10th 2017, after discovering a settlement was offered his client. Accordingly, Appellee filed a notice that the matter moves to settlement. A Pre-Trial was held in Middlesex County Superior Court on Feb 3rd, 2020, where Appellee presented to Appellant a settlement offer from Patricia in the amount of $95,000. Apparently, Appellee had entered a Settlement with Patricia without informing Appellant. EXHIBIT C. Appellant refused the offer. Even though Appellant refused the Settlement Offer, Appellee asked the Appellant to visit his office on Feb 4th, 2020 the very next day, where he tried to convince Appellant to accept the offer. Appellant opposed the Settlement Agreement because he had incurred significant damages from the accident, which would require more compensation to factor future medical costs4. Consequently, Appellant drafted an email opposing the settlement. EXHIBIT A.

It is worth noting that Appellant restated his original position of refusing to except the settlement offer made along with Appellant’s intentions to have a trial by jury on March 6, 2020. EXHIBIT D.

At the February 4th meeting, Appellant also pointed out to Appellee that there seemed to be another policy that Patricia may not be disclosing and that he should look into it, but he tried to convince Appellant that there was no other policy and that it would not be worth pursuing. Later on, the Appellant found evidence that, Patricia indeed had an existing insurance policy

4 Tr. 16: 3-9.

during the accident, because the car she was driving belonged to her mother. Besides, Patricia had to amend her interrogatories to state that at the time of the accident, she had a policy, which fact the Appellee herein had but withheld from Appellant until Appellant found out on himself5. EXHIBIT B.

That notwithstanding, Patricia filed a Motion filed a motion and deposited her insurance policy ($100,000) into court. She also filed a Motion to enforce the settlement, which was not granted. The settlement therefore did not occur.

After all that, Appellant relieved the Appellee as counsel for Appellant in the action. EXHIBIT E and EXHIBIT F. A Motion to relieve the said counsel was filed in that regard, which was granted. Consequently, Appellant filed a legal malpractice claim against Appellee. In response, Appellee filed a 462e Motion to dismiss the complaint saying there’s no basis for it.

It follows; the Appellee’s failure to provide Appellant timely information on the existence of the insurance policy has caused me so much loss. Notably, Appellant’s medical bills have been almost close to a million dollars. Besides, Appellant could not use his regular insurance because it had issues at that time6. It follows; the withholding of the information about the policy had far reaching impact on Appellant’s case because Appellant found out about the policy after the end of the Discovery Process in the said case No7. It is worth noting that Appellant has made attempts to notify the Trial Court where case No. proceeds, of the said issue8.

5 Tr. 11: 19-25; 12:1-3.

6 Tr. 12: 4-17.

7 Tr. 13: 16-20.

8 Tr. 14: 2-7.

ARGUMENT

THE APPELLEE COMMITTED LEGAL MALPRACTICE

“[T]he usual principles of negligence apply to legal malpractice.” Conklin v. Hannoch Weisman, 145 N.J. 395, 416 (1996). “The requisite elements of a cause of action for legal malpractice are: (1) the existence of an attorney-client relationship creating a duty of care upon the attorney; (2) the breach of that duty; and (3) proximate causation.” Ibid. (citation and internal quotation marks omitted); accord Jerista v. Murray, 185 N.J. 175, 190-91 (2005); McGrogan v. Till, 167 N.J. 414, 425 (2001); Froom v. Perel, 377 N.J. Super. 298, 310 (App. Div.) (“The existence of an attorney-client relationship is, of course, essential to the assertion of a cause of action for legal malpractice.”), certif. denied, 185 N.J. 267 (2005).

Legal malpractice actions are available only between parties having an attorney-client relationship. See R.J. Longo Construction Co. v. Schragger, 218 N.J. Super. 206, 527 A.2d 480, 481 (1987), (`Ordinarily, the existence of an attorney-client relationship is an essential element of a legal malpractice claim.’).

Proximate cause is an essential element of a legal malpractice claim. Jerista v. Murray, 185 N.J. 175, 190-91 (2005) (noting that duty, breach, and proximate cause are the three essential elements to a legal malpractice case). To establish this element, a plaintiff in a legal malpractice claim must show that the claimed negligent conduct was a “substantial contributing factor” in causing the plaintiff’s damages. Lamb v. Barbour, 188 N.J. Super. 6, 12 (App. Div. 1982) (citing State v. Jersey Central Power & Light Co., 69 N.J. 102, 110 ( 1976)), certif. denied, 93 N.J. 297 (1983).

The plaintiff bears the burden of establishing each element of a legal malpractice claim. Sommers v. McKinney, 287 N.J. Super. 1, 10 (App. Div. 1996); c.f. Davis v. Brickman

Landscaping, Ltd., 219 N.J. 395, 406 (2014) (stating the plaintiff bears the burden of establishing all elements of a negligence claim).

Considering the first prong, there was an attorney-client relationship between Appellant and Appellee. Notably, the relationship can clearly be seen through the course of performance in the prosecution of Appellant’s case. This relationship created a fiduciary duty of the Appellee towards the Appellant. Besides, the duty that Appellee owed Appellant as counsel may be derived from the New Jersey Rules of Professional Conduct or other sources, which created a standard of care expected of the attorney. Notably:

Rule 1.1 prohibits attorneys from handling any matter entrusted to the lawyer in such manner that the lawyer’s conduct constitutes gross negligence.
Rule 1.3 provides that a lawyer shall act with reasonable diligence and promptness in representing a client.
Rule 1.4(b) provides that a lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.
Rule 3.3(4) provides that a lawyer must not fail to disclose to the tribunal a material fact knowing that the omission is reasonably certain to mislead the tribunal.

Appellee violated the said duties. On Feb 3rd, 2020 the Appellee had agreed without Appellant’s consent or signature to enter into a settlement agreement with Patricia. Notably, the Appellee did not wait to seek Appellant’s consent before engaging in any settlement discussions with Patricia.

In the relationship between Appellant and Appellee, the Appellee was responsible for finding Appellant’s doctors and scheduling Appellant’s appointments but consistently failed to do so resulting in further pain and suffering to Appellant.

The Appellee mishandled Appellant’s case. Specifically, the Appellee failed to fulfill their fiduciary responsibility to Appellant in negotiating the best possible financial outcome in terms of either a settlement or judgment in court.

The Appellee withheld crucial information about the existence of another Insurance Policy, which action led to Appellant’s financial and time costs.

THE TRIAL COURT ABUSED ITS DISCRETION BY DISMISSING APPELLANT’S CASE

The abuse of discretion standard of review requires the Appeal Court to give “substantial deference to trial [judge’s] evidentiary rulings.” State v. Morton, 155 N.J. 383, 453 (1998), cert. denied, 532 U.S. 931, 121 S. Ct. 1380, 149 L. Ed. 2d 306 (2001).

“[T]he decision of the trial court must stand unless it can be shown that the trial court palpably abused its discretion, that is, that its finding was so wide of the mark that a manifest denial of justice resulted.” State v. Carter, 91 N.J. 86, 106 (1982); see also State v. Goodman, 415 N.J. Super. 210, 224-25 (App. Div. 2010), certif. denied, 205 N.J. 78 (2011).

While the “‘abuse of discretion’ standard defies precise definition,” Flagg v. Essex Cnty. Prosecutor, 171 N.J. 561, 571 (2002) (citation omitted), “we do not overturn those determinations unless the court abused its discretion, failed to consider controlling legal principles or made findings inconsistent with or unsupported by competent evidence.” Storey v. Storey, 373 N.J.Super. 464, 479 (App. Div. 2004) (citations omitted).

In the instant action, the Trial Court abused its discretion when it failed to consider pertinent facts that characterized Appellant’s case. Notably, the Court ignored the fact that the Appellee had withheld pertinent information concerning the insurance policy, which Appellee’s act led Appellant to incur many costs. Also, the Court failed to consider the fact that the Appellee engaged Patricia in a settlement agreement without involving the Appellant. Such action by the Court hampers Appellant’s access to justice and therefore shows how the Trial Court abused its discretion.

CONCLUSION

For the reasons stated above, Appellant respectfully requests that this Honorable Court enter an Order:

Holding Appellee liable for legal malpractice;
Granting Appellant Compensatory Damages for the value of the second insurance policy;
Granting Appellant Punitive Damages for Appellee’s intentional commission of legal Malpractice.
Granting any other Order that this Honorable Court deems just and fit.

Dated:

_____________________

PERSONA

ADDRESSS

CERTIFICATE OF SERVICE

The undersigned hereby certifies that he served a copy of the foregoing brief on counsel for the Appellee by depositing a copy, contained in a first-class postage-paid wrapper or envelope, at an office of the United States Postal Service, addressed as follows:

PERSONA& Associates, LLC

ADDDRESS

_____________________

APPENDIX

EXHIBIT A: Appellant’s email to Appellee formally denying the Settlement Offer. EXHIBIT B: Patricia’s Letter of Amendment of Interrogatories.

EXHIBIT C: The Settlement Order.

EXHIBIT D: Appellant’s restated position regarding his objection to the Settlement Offer. EXHIBIT E and EXHIBIT F: Appellant’s dismissal of Appellee as Counsel. Exhibits G –P: Further evidence.

LAW OFFICES OF

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We are a paperless office. Send dociiments to ___________

lf sending paper, do not use stop[es.

If sending via fax/email. do not send regular mall.

Mai]jng address: ________________

Secretary Direct Dial: ________________

returnable before Your Honor on Friday, January 8, 2021.

Please be advised this reply is in response to both the previously filed proposed form of order by the plaintiff, which was actuauy an opposition, as well as his subsequently ffled opposition.

Bribe 4:57 permits a patty who disclains any interest in a sum of money to deposit said sum into the Court. Here, the sum sought to be deposited with the Court are the lirits of the insurance policy issued by Liberty Mutual Fire Insurance Company thereinafter “Liberty Mutual”] to Ijila M. John. See Defendant’s Exhibit 8. This is the selfsame sum that the defense offered the Plaindff under cover letter dated November 20, 2020 in full settlement of this matter, and is in excess of the arbitration award and the amount agreed upon by Plaintiff s former counsel. See Defendant’s Exhibit A.

By way of background, this action arises from an automobile accident that occurred on November

13, 2015 involving vehicles operated by Plaintiff and, Emestj . Smith, and Defendant. The Plaintiff fads to understand that the vehicle operated by the Defendant was insured under the policy issued by Liberty Mutual and as such, the Defendant is afforded coverage under that policy. Defendant’s Exhibit 8. Contrary to Plaintiff’s assertions, there is no second policy, the Defendant does not have her own policy with I.iberty Mutual, and there has been no representation that the Defendant has a

policy with Ijiberty Mutual. In separate correspondence the defense has attempted to convey this to the Plaintiff and once more requested setdement for the poliey limits.

There appears to be some confusion on the part of the plaintiff as to how medical bills are paid in relation to an automobile accident, such as the one which is the subject of the present matter. Medical bills are the responsibility of the plaintiff’s Personal Injury Protection PIP) policy and only those amounts beyond the PIP policy would be the responsibflity of the defendant in this matter. There has been no demonstration of additional required medical bills and even in the event there were an amount cannot be paid beyond the policy linit of $100,000 which the defendant seeks to deposit at this time. Furthermore, Liberty Mutual, is not a defendant in this matter and has no obligations to provide any information with regards to payments made hereto beyond the sought after settlement of the fully poliey limit.

Whereas the Plaintiff clains the Defendant was nedigent in the occurrence of the subject accident,

payment of a fine is not an admission of negivce. Further, the negligence or non-negp.isence of the Defendant has no bearing on whether the defendant or Liberty Mutual on her behalf should be

perinitted [o deposit their policy lirits with the Court. Similarly, Plaintiffs position of non acceptance of the defense offer of settlement has no bearing on whether the defendant or Liberty Mutual on her behalf should be permitted to deposit their policy lirits with the Court. Nor do any of the other issues raised by the Plaintiff in his opposition bear upon whether the defendant or Liberty Mutual on her behalf should be permitted to deposit their pohicy limits with the Court.

Plaintiff objects to Defendant’s motion as it would absolve Liberty Mutual from any oblisahofls over the policy limits. This is exactly the intent of the Defendant’s undei:lying motion. Liberty Mutual has acted in good faith and tendered to the Plaintiff their policy limits, but this has been rejected with counteroffer for an incomprehensible sum of $3.7 million. See Cormelly v. Mcveigh, 374 N.I. Super.159,167 (App. Div. 2005). By offering to deposit the policy linits into the Court, Liberty Mutual should be released from any bad faith arguments and sanctions. ire Rova Farms

Fesefty. Iqc_._v. Inv’rs Ins. Co. of Am 65 N.I. 474, 496 (1974). Thus, the Coot is in no position as the Plaintiff requests to force Liberty Mutual to pay more than the policy limits, whether it be for outstandirig medical bills and lions or present and future losses.

There is simply no reason why Lfoerty Mutual should not be permitted to deposit the policy limits with the Court or be discharged from any further obligation under the insurance pohicy.

It is for the foregoing reasons, and those stated in the moving papers, that the undersigned respectfully requests that Defendant’s motion be granted and Liberty Mutual be permitted to deposit the policy limits with the Court.

I hereby certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment

I thank Your Honor for your consideration to the above[

Respectfully submitted,

Sent via regular mad and certified mad, return receipt requested:

286 Union Street, Jersey City, N] 07304

FILED

June 19, 2020

HON. BRUCE J. KAPLAN, J.S.C.

Plaintiff:

ERNEST I. SMITH

Defendants:

PATRICIA A. JOHN-jAMISON; LILA M. JOHN; JOHN/JANE DOES 1 -20, fictitious Persons ABC .CORP.,1 -20, fictitio-us en-titles

SUPERIOR COURT OF NEW JERSEY IAW DIVISION: NIDDLESEX COUNTY DOCKET NO.: MID-L-5999-17

CIVIL ACTION

ORDER

THIS MATTER having been brought before the Court upon motion by the LAW OFFICES OF VISCOMI & LYONS, Benedict F. Valliete, Esq., attorney for Defendant, Patricia A. John-jamisofl, -for an Order enforcing the se`t-tlemen~[ agreeinent and dismissing the Complain-t with prejudice, and the Court having read and considered the motion papers and the opposition ffled by the parties, and for good cause thus having been shown,

IT ,IS on ,this 19t” day of June, 2020:

ORDERED that the within motion is DENIED WITHOUT PREJUDICE; and it further

EEEHiHHiHREEEEEE,ri I I I ORlunLIEDfwIITH®UTnBREJUDI¢Efucher

Extl,a,tc,.

HUD-L-000261-21 03/12/2021 01:09:26 AM Pg 2 of 2 Trans ID: LCV2021541906 HUD-L-000261-21 03/03/20218:19:59 PM Pg 29 of 32 Trans lD: LCV2021479327

ORDERED that service of this Order shall be deemed effectuated upon all parties upon its upload to e-Courts. Pursuant to E!±|£ 1:5-1(a), movant shall serve a copy of this Order on all parties not served electronically within seven (7) days of the date of this Order; and it is further

ORDERED that Defendant shall Serve a co-py of the within Order on Plaintiff via regular and certified mall, return receipt requested, within seven (7) days of the date of this

Order.

I sl @qae P. %rfu

HON. BRUCE J. KAPLAN, J.S.C.

OPPOSED

The within motion filed by Defendant, Pathcia A. John-Jamison, seeks to enforee the alleged settlement in the amount of Ninety-Five Thousand Dollars ($95,000.00) and to dismiss the Plaintiff s complaint with prejudice. In light of the opposition subniitted by Plaintiff, that he did not authorize his former attorney to accept the settlement, and the lack of any proof submitted to the contrary, the within motion js -denied without I)reiudice

Hearing June 11, 2020

1 message

Thank you

Judge Christoph Rafano

This letter is to request a postponement for the telephonic hearing that will occur on June 11, 2020 at 10:00 AM in response to the defendant’s motion to enforce settlement. Due to a prevI.ous medical obligation in relationship to the injuries sufferec! during this accident i request that the hearing be adjourned and moved to a later date. I will not be available to represent myself at that time. Since I was misinformed of the date of this hearing that was said to be heard on June 5, 2020 at 10:00 AM. I postponed previous medical appointment for treatment in reference to this motion. As far as the seriousness of my injuries I cannot afford to miss any other scheduled appointments with any doctors for this is causing significant problems in my recovery process. This letter will be sent to all parties in regards to this matter. I will also provide a copy of this letter to my former attorney and his law firm as a courtesy.

Thank you

7 messages

This is my request response to the email I received today at 3:34 pin in regards to tomorrows telephonic argument on June 5, 2020 at 10:00 am hearing the defendant’s motion to enforce settlement.

Thank you

Ernest Smith

286 Union St

Jersey City, NJ 07304

201 -71 6-9644

eme§tsmith402@gmail.com

ffi::%rtletterforjudgeJune5hearlng.docx

Alona Jackson <Alona.Jackson@njcourts.gov>

To: “emestsmith402@gmail.com” <emestsmith402@gmail.com> Mr. Smith’

Fri, Jun 5, 2020 at 8:58 AM

The law clerk for Judge Rafano receive your request. He will need to speak Judge and get back to you.

ftyena&cbe

This regards a June 5, 202010:00 am hearing before Judge Rafano. The litigant is requesting a dismissal of the motion to enforce settlement for lack of proper service.

-Kyle

Please let me know if I have appropriately forwarded this.

Ms. Jackson I am sending this email in regards to the telephonic hearing that was scheduled for 10:00 am today. I have been on the phone for the last 31 minutes waiting for the hearing since I have not received any further communication in regards to this matter. Due to my disability I can no longer sit in my chair and wait on hold. Could you please forward this email to Judge Rafano’s law clerk to advise him of the situation. Thank you for your assistance in this matter.

Mon, Jun 8, 2020 at 11 :28 PM

Hello Ms. Jackson due to my inability to remain on the phone for the telephonic hearing I need confirmation if the meeting happened and any decision that was made. Could you please forward this to Judge Rafano’s law clerk.

Thank you

Good Morning,

Please call Judge Rafano’s secretary at (732)645-4300 ext. 88686 to inquire about your hearing. [Quoted text hidden]

Ok thank you

[Qucted text hidden]

Tue, Jun 9, 2020 at 8:17 AM

hi Grmaj!

Ernest Smith <emestsmith402@gmail.com>

FW= NJ ecourts eierk Notice i Civil Part Mii}i£®05999jl7 2 messages

Keith Gerites <keth@malamuttaw,com>

To: Ernest Smith <emestsmith402@gmail.com>

Cc: Adam Malamut <adam@malamutlaw.com>

Mr. Smith:

Thu,. Jun 4,, 2020 at. 3:43 PM

Please be advised that the Court is hearing the defendaTTt’s motion to enforce settlement tomorrow Friday, June 5, 2020 at 10:00 AM via telephonic argument.

I received a copy of the opposition that you filed last motion cycle.

As you terminated our represenfation of you in this matter,. I have not. affirmatively ffled any response or opposition to defendant’s pending motion as you instructed my firm to do no further work in connection with your matter.

Notwithstanding,I did request that the motion be adjourned to this cycle to allow you more time to secure new counsel and/or retrieve a copy of your file, which I believe, to my knowledge, you have not done so thus far. I will be appearing on the phone call as we are still listed as counsel of record.

Please be guided accordingly.

Very truly yours,

Keith J Gentes

From: ecourtsciviiDONQtRep!y®mailbox@njcourt§,gov <ecQurtscivi!DONotRepiy.mai!box@njcourts.gov> Sent: Thursday, June 4, 202011 :13 AM

To: Keith Gentes <keith@ma!amutiaw.com>; Ivelisse Morales <iveiis§e@malamut!aw.com>;

COURTNO”CES@MALAMUTLAW.COM; BENEDICT.VALUERE@L!BERTYMUTUAL.COM;

ViscoMl.MAIL@LIBEFRTYMUTUAL.COM

Subject-:, NJ ecouds Clerk Notice – Civi+ Part-MLD-L-005999-1,7

SUPERIOR COURT OF NEW JERSEY -ecouRTS CML LAW

The following clerk notice is being sent from ecourts:

Plaintiff Name:, ERNEST J SMITH

Defendant Name: LILA M JOHN, PATRICIA A JOHN-JAMISON, PATRICIA A JOHN-JAMISON

https://mail.google.com/mail/u/0?ik=Of521197fo&view=pt&search=all&permthidthread-f%3A1668598815410466221 &simpl=msg-f%3A166859881541 „. 1 /2

HUD-L-000261-21 03/12/2021 01:09:26 AM Pg 2 of 2 Trans ID: LCV2021541906

3/8/202i 6maii -FV\/`: NJ ecourts Gierk N9!ice -Civii Fart MiD-L-0058g9-i7 Case caption: SMITH ERNEST VS JOHN-JAMISON PATRICIA

Case Number: MID L 005999-17

Docket Text: CLERIC N®EFICE: re: MOTioN TO ENFORCE SErTTLEME-NT L-CV202us34554 -Oral argument-will be heard telephonically before Judge Rafano on Thursday, June 11, 2020 at 10:00 AM. Call 732€45- 4316; enter meeting #88490; enter attendee access #5525376. Questions, email

garry.clemente@njcourts.gov

Transaction lD: LCV2020996743

Ncttc® has b®®n, ®lectronicatry mailed t®:

Plaintiff Attorney KEITH J GENTES

KEITH@MALAMUTLAW.COM

IVELISSE@MALAMUTLAW.COM COURTNOTICES@MALAMUTLAW.COM

Etefendant Attorney

BENEDtGT F VAL-LIERE BENEDICT.VALLIERE@

LiBERTYMUTUAL.COM

VISCOMl.MAIL@LIBERTYMUTUAL.COM

Notice was not electronically mailed to:

Defendant BRITTANY SADE! HALE 0cOcO

Defendant BRITTANY SADE’ HALE 368

LAWRENCE

STREET,

PERTH

AMBOY NJ

08861

Login to ecourts to view the Case Jacket. You will need a valid user ID (Bar ID) to view the submitted documents. For questions, please contact, the Superior Court of New Jersey Civil Division in county of venue. This communication is for notification purposes only.

This email was sent from a notificationronly address that cannot accept incoming mail. Please do not reply to this message.

Ernest Smith <emestsmith402@gmail.com> To: “kdukes7413@yahoo.com” <kdukes7413@yahoo.com>

[Quoted text hidden]

Thu, Jun 4. 2020 at 9:18 PM

nttps://’maihgoogiecor”`maif/u/®.?ik=Of52ii97fo&vi©w=pt&sear€h=ain’&permhid=inread-tro/o3A,i6685988i54104662-2i,&simpi=msg-fT/fiAI6se5988.t54i…-2/2

3/8/-202i

HUD-L-000261-21 03/12/2021 01:09:26 AM Pg 1 of 3 Trans ID: LCV2021541906 3-i7

REGmatH e}tilBIT K

MID-L6999-17

1 message

Ernest Smith <emestsmith402@gmai I.com>

Ernest smith <emestsmith402@gmail.com> Mon, May 4, 2020 at 10:54 AM To: midemergent.mailbox@njcourts.gov

I was instructed to sent this email notifying the court that i have relieved my attorneys in reference to this case. The letters are included in the attachments.

Thank you

Ernest Smith

286 Union St

Jersey City. NJ 07304

201 -716-9644

ernestsmith402@gmail.com

2 attachments

in?:SKmissallettertoadam.docx

ffi::#rtsletterofrelease.docx

http§://mail.google.com/mail/u/0?ik=Of521197fo&view=pt&search=all&permthid=thread-a%3AI-7991196317468504445&simpl=msg-a%3Ar-798954383… 1 /1

MID L005999-17 05/04/2020 Pg 1 of 1 Trans lD: LCV2020819000 HUD-L-000261-21 03/12/2021 01:09:26 AM Pg 2 of 3 Trans ID: LCV2021541906

To Whom lt May Concern:

The attached letter is to inform the courts and the judge overseeing the case that the law firm of Malamut and Associates, Adam Malamut and Keith Gentes, as of May 3, 2020 no longer represent me in any matters pertaining to my Case docket number MID-L-5999-17. So all correspondence in reference to this case are to be sent to myself Ernest Smith until further notice,

Thank you

Ernest Smith

286 Union St

Jersey City, NJ 07304

201-716-9644

ernestsmith402@gmail.com

HUD-L-000261-21 03/12/2021 01:09:26 AM Pg 3 of 3 Trans ID: LCV2021541906 MID L005999-17 05/04/2020 Pg 1 of 1 Trans !D: LCV2020819000

May 2, 2020

Good afternoon Adam as far as my stance in this case at no point did I ever accept an offer from the defense or sign any legal documents to the effect. It’s clear to me that your firm does not have my best interest in mind. You made it clear in your last correspondence to me you have no intentions on carrying out my request to have a trial by jury. This letter is to formally advise you of the termination of our relationship in said case. As of this moment you and your firm are no longer representing me in any manners relating to my cases. A copy of this letter has been sent to the judge overseeing my case. Please forward a copy of my case file to my present address.

Thank you

Ernest Smith

286 Union St

Jersey City, NJ 07304

emestsmith402 mail.com

HUD-L-000261-21 03/12/2021 01:09:26 AM Pg 1 of 2 Trans ID: LCV2021541906 MID-L-005999-17 02/05/20201:59:23 PM Pg 1 of 1 Trans lD: LCV2020248029

Malamut

8€+TSTSo°RSEfyqtAESLLAL£

6* HIBrT iFebruay 5, 2020

Via eFfling

The Honorable Alberto Rivas

Middlesex County Courthouse

56 Paterson Street, 2nd Floor

New Brurrswick, NJ 08903

RE: Emestsmithv. LiLaJohn,et al

Docket No. NED-L-5999-17

Dear Judge RIvas:

Adam S. Mrfuut t mB].janddit

REth T. Gcfne8 t*^

Jenold Coltou t*

Zinab Awehoie t

Bryan Hcrm t

Jeffrey A. KEt8tctter t Mintc€ E, MCHqch t Anr±m_adejcnBcnt*. Bum H. C. Crfu t. Daniel Gee i.

Willin R Burn t*§ Prinddvo ]. Cruz t* Glcm Pauleen i.

Kdiy A. Grmt t

Antholiy T. ~, jr.t Tho”8 ]. Ha8tie. j[. t RubyDdroBat

Dry C. Rhonet

OF COUNSEL

Sanud Agbdl t

]ouaph L, Mco§a,jt. t*.

Please be advised that the above-entitled matter is settled. A Stipulation of Dismissal will be filed in short order.

Thank you for courtesy and consideration in this matter.

Respect

sLibmitted,

i,Fit,EL

NTES

KJGcklh

cc: ‘Mr. Benedict Valliere, Esquire

KEITH J.

r Mcmha ofdsN| Ben

Meml>crofthe pA B.I

* Mcrfur of NY Bat

^ Ccmifed by dic Suprmc Couct of

Cheny Him office

457 Haddenfield Road, Suite 500 CherryHin,ricwjersey08002

Princ6ton Office

100 Overlook Con(er. 2nd Floor PriD;eton, Now]crsey 08540 .

Hobokcn Office

221.RIver St[cct. 9th Floor Hobckch.Now]eray.07030

NcwJenyaSaCiwllTrialAtbmey § Cerdficd by the sqpseme cour( of Now]crseyaBaCrimlnalTthlAanmey • Crfued Meilrfu Malprctlee ALErornyABPIA

phohc 856.4z4 i808 I toll frtt 877 567 5293 I fu 856 424 2032 I fax (wc) 856 29s 4888 I fax (giv) 856 486 5966 Malanu.inw.com

Nj Superfu Ct. A li4o

Qpallfied CMl and ThmLly MedJfitor

HUD-L-000261-21 03/12/2021 01:09:26 AM Pg 2 of 2 Trans ID: LCV2021541906

HUD-L-000261-21 03/12/2021 01:09:26 AM Pg 1 of 1 Trans ID: LCV2021541906 MID-L-005999-17 08/10/201810:33:11 AM Pg 1 of 15 Trans lD: LCV20181388683

e*H’BIT I

A endirxII-Bl

CIVIL CASE INFORMATION STATEMENT

(CIS)

Use for initial Law Division -Civil part pleadings (not PAYMENT TYPE: CK CG CA motions) under Rule 4:5-I. CHG / CK NO.

P[cading will be rejected for filing, under Ru[e I:5{( c ), AMOUNT:

if information above the black bar is not comp lcted or OVERPAYMENT :

if attomey’s signature is not affixed. BATCH NUMBER:

ATroRNEv/ pRo SE NAME TELEPHONE NUMBER COUNTY 0F VENUE: G. Samuel Hoffman. Esq. 8S6-S96-7778 NIDDLESEX

FIRM NAME: DacKET NUMBER (When available) STYLIADES AND JACKSON un-I.-s999-i7

OFFICE ADDRESS DacuMENT TITE

9000 Midlantic mve ANSWER TO TILE AMENDED Suite 105 -First Floor COMPLAII`IT & DEMANDS Mount Laurel, NJ 08054

JURY DEivEND X VIS NO

NAME OF PARTY (e.g. John Due, Plaintiff) CAPTION

Patricia A. John-Jamison and Lila M. SmTII vs. JOIINJAusoN, et al.

John

CA SE TYPE HURRICANE is Tins A PROFESsloNAL MALPATRICE CASE? VES x No NUMBER(Seereverseside SANDY

for lischg) RELATED? IF YOU HAVE CHECKED “YES” SEE N.J.S.A 2A: : 53A-27 AND APPLICABLE 605 CASE LAw REGARDING your OBLIGATION TO FILE AFFIDAvlT OF YES X NO RERIT.

RELATED CASES IF YES, LIST DOCKET NUMBERS:

PENDING? YES X NO

NAME OF DEFENDANT’S PRIMARY INSURANCE COMPANY, IF KNOWN:

Liberty Mutual Insurance company _ NONE UNKNOWN DO YOU ANTICIPATE ADDING ANY PARTIES (arising out of sane transaction or cecurrence)?

YES NO Uhkno`rm at this time

|IIIIIL][I][.]Lil[.Liu[t.|iil]|il.riliil+ili][.i[I`ti.]I[ilLilE(.Iii[lll|I+1[.ILill]LT CASE cHARACTERISTlcs FOR puRposEs oF DETERnAINING IF CASE Is AppRomlATE FOR rmIATloN A. Do pARTIEs lIAVE A CURRENT, FAST OR REcuRRENT RELATloNslnp? ? yEs x No IF YES, IS THAT

ENILOYEL-EM’LOYEE FRIEND/ NEIGIIBOR OTIHR(explain) FANILIAL

BUSINESS RELATIONSHIP

DOES THE STATUTE GOVERNING THIS CASE PROVIDE FOR PAYhffNT OF FEES BY

TrHLOsINGPARTy? yEs x NO

USE rms SPACE TO ALERT THE cOuRT TO ANT spEclAL CASE cllARACTERlsHcs

THAT MAT WARRANT INDlvlDUAL MANAGEnmr`IT OR AccELERAThD DlsposlTION

DO YOU OR YOUR CLIENT NEED AINY DISABILITY ACCOMMODATIONS? YES NO uNKNovvN AT THIS Tmm

IF YES, PLEASE IDENTIFY TIE REQUESTED ACCOMMODATION:

VILL AN INTERPRETER BE NEEDED? uNKNov`rN AT TIIIS TIMEYESNOIFYES,FORWIIATLANGUAGE:

I Certify tl)at conridential personal identifiers l]ave been redacted from documents now sut)mitted to the court, and wi]] be redacted from all documents submitted in the future in accordance with Rule I :38-7®).

PATRICIA A. JOHN-JAMISON, LILA M. JOI-IN, JOI-IN/JANE, DOES I -20, fictitious persoiis ABC CORP.,I -20 fictitioiis entities Defeiidalit

€*H’Bnr H

SUPERIOR COURT OF NEW JERSEY MIDDLESEX COUNTY

LAW DIVISION

DOCKE.l` NO.: MID-L-5999-17

AMENDED COMPLAINT, JURY DEMAND, CF,RTIFICATI0NS, DEMAND FOR DISCOVERY AND AICRA

CERTIFICATION

I’laintiff, ERI\lEST J. SMJTLI by and tJirough his atlormeys, Mat.imiit & Associates, LLC, compJailiing of the defendants, depose and say;

p_ARTIEs,]uRlsl]lcTIONAN_p_vE±ng__u_E=

Plaii`tiff, ERNEST J. SMITl], is all adult individLial who at all tiines material hei.eto I.esided at 402 Great Beds Coili.t in the City of pei.Ill /inboy, ill the County of Middlesex alid State of New Jcrscy.
Del`enda]`l, PATRICIA A. JOHN-JAMISON. js an adult individ`ial who at fill times material hereto resided at 368 Lawrei`ce Street in the City of perth Amboy, in the County of Middlescx and State of New Jersey.
Defendant, LII,A M. JOHN, is an adult individual who at all times mateiial I]ei.eto resided at 838 Brook Sti.eel in the Boi.ough of Dickson City, in the County of

Lackawanna and Commonvealth of Peiii`sylvania.

Defendants, Johii/Jane Does I -20 and ABC Corp.,I-20, wcrc fictitioiis iltdividuals alid business entities, whose identities are iinknowiL that owned, operated, leased, managed, majnfaincd, controlled, possessed, and/or relited the aforesaid defendaiit’s vehicle, or are otheiwise responsible for the accideiit and the injuries sustained by the plaintiff. Plaintiff will amend this Complaint at sLich tithe as the identity(s) of these fictitious defelidants becoiTie kiiown throughout tlie cotirse of continuing investigation and discovery.
’11iis Court has jurisdiction over the defendant(s) because, at all times inaterial hereto, defendant(s) is/are residents of and/or availed hcrselfythemselves of the roads within tlic State of New Jersey.
Venue for this action pi`operly lies ill Middlesex County, pursuai]t to R. 4:3-2(a), because this action is laid in the county in wlrich plaintiff resides and in which the cause of action arose.

FIRST COUNT

Plflintiff, ERNEST J. SMI`I`H, repeats and re-alleges each and every allegatjoii of prior sec(ions/counts as if fully set forth herein al lengtll.
On or about November 13, 2015, plaintiff, FRNEST J. SMITH, was operating a ceithin motor vehicle which motor vehicle was traveling Soutlibound in the right lane of the Garden State Packway in the Township of Woodbridge, County of camden and State of New Jersey.
On or abo`it November 13, 2015, defeiidant, PATRrcJA A. JOI-IN-JAMISON was the opeirator of a certain motor vehicle owned by defeiidant, LILA M. JOHN, which motor vehicle was being operated as a pei.missive liser of the owner and/or as the agent, servant

and/oi. employcc of the owlrer and which motor vehicle was also travelii]g Southbound in tlie right lane of the Garden State Parkway in t]re Towi]slrip of Woodbridge, County of Can]den and State of New Jersey.

On the aforesaid date and place, defendants, l’ATRICIA A. J0IIN-JAMISON and ULA M. JOHN] did so negligently and carelessly own, operate and/or maintain the aforesaid motor vehicle so as to cause same to be jiivolved in a collision with the rear of plaintiffs vehicle.
As a direct and proximate res`ilt of the nngligeiroe of the defendant, as aforesaid, Plaintiff, ERNEST J. SMITH, was caused to sustain and did sustain serious and perinanent

pet.sonal injuries reqiLiring the care and ti.eatment of physiciaiis, hospjta]izalion and medication and has been at`d will in the future contitiue to be hampered in his daily routine.

WHERnFORE, plaintiff, ERNEST J. SMITH, demands judgment agaiiist the defendants, PA’rRICIA A. JOHN-JAMISON and LILA M. JOHN, jointly, severally or ill the alternative, in the amo`int of his damages, together with interest and costs of suit.

S_ECOND COUNT

Plaintiff, ERNEST J. SM]’I`H, rei)eats and re-alleges each aiid cvery allegation of the

previous sections/coullts as if fully set forth herein at length.

At the aforementioned time and place, tlie defendants, Jolm’Janc Does I-20 and ABC Colp., I -20, were fictitious individtials and business enti(ies, whose identities are unknown, that owiied, operated, leased, managed, maintained, coiitrolled, possessed, and/or icnted tlre aforesaid defeiidant’s vehicle, or are otherwise respeirsible for the accident and the injuries sustained by the plaintiff.

The defendants, John/Jane Does i-20 and ABC Col.p.,I-20, negligently and carelessly entmsted their vehicle to the named defendaiit, oi. otherwise negligently and cai.elessly contributed to the happening of this accident and the injuries sustained by the plaintiff.
As a dii’ect and proximate result of the aforesaid negligence and carelessness of the defendants, John/Jane Does I -20 and ABC Corp., I -20, plaintiff, ERNEST J. SMITH, was damaged as previously set forth herein at length.

WHEREFORE, plaintiff, ERNEST J. SMITH, demands judgment ngainst the defendants, PATRICJA A. JOHN-JAMISON, LILA M. JOHN, John/Jane Does 1-20

(fictitious rmmes) and ABC Coxp.,1 -20 (fictitious names), jointly, severally, and altel.native]y, for damages, interest and cost of suit.

Date: 11/17/17

JURY DBMAND

Plaintiff clemaiids a trial byj`iry of the within issues.

NOTICF, OF DF.SIGNATION OF TRIAL COUNSEL

Plaintiff hereby designates Kci{h J, Cciitcs, Esqilii.e as Tl`ial Counsel.

CERTIFICATION PURSUANT T0 R.4:5-I

I certify that, to the best of my knowledge, the matter in controversy is not the subject inatter of another action pending in any or any pending arbitration proceeding and ne other action or arbitration proceeding js coi`templated. At the present tine, I do not kirow the iran]es of ally other parties who should be joined in this action.

PLEASR TAKH NOTICE that pursuant to A. 4: 10-2(b), plaintiff hereby demands

production of a copy of all iusurairoe agrccments uiidcr which the defendants may be covelied to satisfy part or all of ajudgment which may be entered in the action or to i]ideltiniry or reimburse for payments made to satisfy the judgment.

PLF.Asn TAKE NOTICE that pursuant to &4: 18-I, plaintiff demairds the production for i]uii7oses of inspection and copying at the offices or Malamut & Associates, LLC, 457 Haddonfield Road, Suite 500, ClretTy Hill, NJ 08002, within 45 days after service of tlre within

pleadings, of the following items pei.raining to the allegations of tliis Complaint: i. Any `uritlen statemeiils which yoLi, or your counsel, lrave in yoLir possessiolL custody, or control in regard to this jneident/accident.

Copies of any photographs, videotapes or other reproduction which you have in your possession, custody, or control wliich relate, in any manner, to the incident, to the injuries

v\Jliich plaintiff{s) claim to have been sustailied as a res`i]t of. this iiicident/accident, or to

pi.operty daimgc caused by t]iis iiicidcnt/accitlent.

A copy of all medical records reg{il.ding ally ti`eatment or consult<ition sought, or I.eceived, by I)laii)tiff(s) Eis a resLilt of this incident/accident.
Any docuiiieiits which }Jou claiin (a) supports the sepai.ate defenses set forth ill youi. 1.espousive pleading to plaintiff s com])laint aild your ans`vers to intei.rogatolies oi` (b) i.ebLits the allegatio]is set forfli in plaintiff(s) complaint oi. his/her answers to intei.rogatories.
All documentation I.egarding any colnpensation or I.eimbursement which you claim

i]ltitntiff I.eceived, or reques(ed, as a rcsuJt of this acci(tent/incident.

A copy of, or a desci.ii)tion by category or location of] all documents, dates of conipilatioiis, and tangible thiiigs ill tlie possession, custody oi. colitrol of defendaLits that relate to the disputed facts tilleged with particLLlarity in the pJeadings,
A copy of all written reports pi.epared find signed by ally person who may be `ised at ti.ial uirder Evidence R`Iles 702, 703 ol. 705.
Col)ies of all notes, records, and I.cports o[`all doctors, plrysiatrists, nui.ses, psychiatrists,

psychologists, neuropsychologist, i}eui.ologist, or any othe]` healthcai.c pi.ofessioiial retained by defendants for pill.poses of i]ei`foi.ming an examination and evaluation on the

plaintiff.

Any wi.itten statement wliich you or your cotinsel ha`Je in youi. posscssjon regarding an}J of the facts set foilh in any party’s aiiswei. to jiitel.rogatories, ilijtjal pleadillg, ol. respo]]sive pleading, or with respect to any damages.

10, All insui.alice agt.eemeiits oi. policies ilndei. which an}i person oi. rii.in canyil)g an jnsura]1ce b(isiJless mtiy be liable to satisfy I)a!.I ()I. all of ajLidgmelit wliich may be ciitci.ed in this action or to jn(lelllllify or i`ein`bLlrse foi. paylueiits iirade to satisfy judgment

pui.suant to E. 4: 10-2(b). Tei.ms of tllc policy are also req`iested.

I i. Copies of all dociiments, iiot othei.wise set foi.th, which were sent to or receive{l froin the

plai,1tiff(S).

Copies of all statements aiid other doculnents obtained by ally pei.soil oi. entity which colicci.ii or i.elnle to plaintiff(s) complaint or any defendant(s) answei.s, scpai.ate defeilse(s), oi. countercla iin,
All docuinents which were filled out by or on behalf of plaiiitiff at the I.eqtlesl of defendaiit’s expert, oi. his/her agents or empJo}Jees.
All documents coi`sidei.cd by defeii{laiit’s expel.t jn prepiiring his/I`ei. repoil or condilcling an examination or evaluation.

I 5. All diagrams, chat.ts models. drawings, niaps ol. othei. exhibits prepai.ed by oi. on behalf of any party rL`lated to the subject mattei. of lhc complaint.

All police I.eports conceriiing ally automobile accjdeiit involving any defendant that occurred within one year (before and after) ol. the date of the incident(s) complained of in

plaiiitiff s comp]aiiit,

All books, treatises, commentai.ies, I.cports, slatiites, codes, ordinances, rilles, regulatioiis, standards or other documents I.eferied lo and utili./ed by oi. i.elied upoli by any expel.I witness whoiii the pal.ty respoirding to this documeiit de]]iaird intends to call at trial. 18. All treatises, textbooks, articles, papers, writings, comlncntaries, a]id docuineiits which

you, your coLinsef, aild/oi. yoLii. experts intend to rely iipon, `itilize aiid/or offer iiito

stibstaiitive e`Jidence oi’ to siibstantiate any opiiiioiis, testimony oi. concli`sjons asserted by

you,.e`\,pe,.ts.

All treatises, textbooks, articles, papei.s, writings, comineiitai.ies, and documents which

yoii, your counsel, and/oi’ your experts intend to rely L]pon to rebut, exanlinc aild/oi` cross examine tiny witness, incJiLding expcrf witnesses, ill this niattei., incJiiding b`it not limited (o the cx.let page upon \`Jhich yo(i, yoLir attorney atid/or }.our expe[`t intentl to i’eJy, as well

as the exact title, name, author, I)Llb] isliel., date of publication, and c(liljon, 20. All traiisci.ipts of sworn testimoiiy (incl`idiiig but iiot liinited to depositions and testimony before any tribuiial and/oi` coui.I) given by an expel.( who may testify in this mtitter. 21. All documents concci’ning all claims l`or bodily injury to plaiiitiff that are i» the

possessioii, custody, oi. conti.ol of defeiidaiit oi. defeTtdant’s attorney.

AJ] docLin]ents yoii ha`Jc concei.ming any clairm for bodily injLiries iilade by plaintiff(s) otliei` than the iiici(leiit concei.fling I)tis lawsuit.
Copies of all statements that will be used at trial, or will be used to c].oss-examine or impeach any witness.
All surveillance videos, I.eports, notes, menroranda, or other doc`lnlenls respcctillg

plaintiff.

All hospital recoi.ds and I.epoi.ts of doctors aird medical records of an}J doctors wlio ti.eated defendaiit for injuries sustained in the incident which forms the basis of tliis suit.

Plcasc take notice that I)ul.suaiit to E.4 : 17-1 (b)(ii) plaintiff deniand certified answei.s to Fonn C. and C(1) of the Uniform lntei.rogatoi.ies set forlh in Appendix to the Rules Governing

Civil Practice aiid the follo\\iiiig sLipplemental interrogatories:

I . Specify whel.e you \`Jei.e coming from alld wllcre yoii iiitcnded to go at the time of the accident (give tlre name and exact street address of each locatioli).

State whctlier you consLiined any drugs, medication oi. alcoholic be\Jei.ages in the 24 Iioui.s before the accjdeiit, si]ecifying the kind, amoLiiit and place where consumed, 3. Describe yo`ir path of travel, including speed, lane changes, during the last 500 reel of travel imtiiediately before tlre poinl of impact.
State what you did, if anything, t’o avoid the accideiit.
State wlietlier yo`ii. license ol. d].iving privileges have been suspended/i’evok`ed within the last five years and indicate tile I.eason why.
If this defendant(s) contends in any way that the injuries clainled by p]ainliff(s) to have been ca\ise{] by this inciden( were iii fact iiot caiiscd oi` in any way I.elated to this incident, state f`illy and in detail each and every fact upon which defehdant will rely in suppoit of said contention. Amiex hei.eta copies of all medical records or other dociimcnts upon which defendant will rely in si)pport of said coiitention.
If defendant(s) contend that plaintiff(s) siistained pliysical injilries at any time prior or sLLbseqL]elit to (he s`ibject accident, please state:
‘l`lie date ol`all said injLlrics; and
The natiirc ofaiiy said injui.ies.
Witli I.egard to any propel.ly {lainage sustained by ally vehicle in coimcction with this incident, attach any appraisal reports, damage photographs, and repair iiivoices genel.atcd in coimection with this accident.
State whellicr or not you owned, possessed oi. iitilized a cellular phone, car phone, pngei., or Pei.sonal Digital Assistant (PDA) on the date of the accident. If so, please state the

HUD-L-000261-21 03/12/2021 01:09:26 AM Pg 10 of 10 Trans ID: LCV2021541906 M!D-L-005999-17 11/17/201711:24:39 AM Pg 10 of 11 Trans !D: LCV2017495516

naine and address of the telephone Company billing you iise for each said

phone/pager/PDA on the date of the accident; the specific types of phone/pagei.nDA and con.esponding phone numbers; and attach hereto a copy of all billing statemeiits for all calls lnade or I.eceived on each phone/pagerffDA during the month before, during and after the subject accideiit,

State whether or not you wear, iieed to weal. and/or are I.equired to weai` any type of con.ective lenses at the time of the accident and if so, state what type of coTi.ective lenses

you wear, whether you are nearsighted or farsighted, what ]eve] of strength your eyesight was measiu.ed as of the day of the accident, and the naines and addi.esses of all optometrists, ophthalmologists, eye sui.gel.ies, and other physicians seen over the past 5

years with regard to the cat.e Of your eyes.

PERIVIANENCY CERTIFTCATION

Pursuant to N.J.S.A. 39:6A-8, armexecl hereto is the Certification of Di.. Michael Lacap, MD, plaintiff s treating physician.

Thank you

Good afternoon Adam this is Ernest Smith I just sent Karen an email in response to the settlement agreement. I don’t know if Keith advised you before about my email I sent him on March 6 stating that I will not sign the agreement that I will go to trial. Due to the legal aspects of liberty mutual`s settlement agreement which states that Patricia, her mother or any of the Ayres of the company cannot be held liable for my injuries. So the question at hand is are they representing Patricia so I have to assume that she is a policyholder of theirs. And as I stated before I don’t feel comfortable with no one being held accountable for my injuries especially in reference to future medical care. As far as my medical expenses go l’m close to maxing out the medical limitations from both surgeries. I remember a conversation where Keith asked me in reference to what I will except. If liberty mutual is not willing to be liable for my injuries and they require that Patricia, her mother and any of the Ayres not be held accountable of all liability price bottom line would be $600,000. I have to really think about my future medical expenses due to these injuries since l’m still in need treatment now and also in the future. I’m almost at the medical maximum allowed. So unless they’re willing to except that price we need to proceed on to go to trial. Although I am still recovering from the surgery I have to keep in mind I will never fully recover and that’s something they need to understand. And that’s something l’m willing for a jury to decide. I look forward to hearing from you soon Adam and I have to say it again that number is my bottom line there’s no negotiating below that.

Thank you

Good afternoon! I hope you and your family are well.

Sun, May 3, 2020 at 1 :12 PM

The language in that release is standard language. We review every release when it comes in, and while I understand your frustration with the person who caused your accident, it is not uncommon for a release to indicate that there is no admission of liability, or wrongdoing. It is also not uncommon for a release to resolve all outstanding claims. In your case, the insurance carrier is stating that this settlement resolves all present and future claims. That is accurate.

The way I imagine this playing out, if we don’t return your signed documents, is with defense counsel filing a motion to enforce settlement, since you previously accepted their settlement offer. While you say you would like to go trial, I would be remiss if I didn’t advise you that is unlikely to occur.

I am available to discuss this with you over the phone tomorrow, if you have additional questions. Stayhealthy! 1

Adam

Settlement papers

4 messages

Gmaii – Settiemem papers

Ernest Smith <emestsmith402@gmaj I.com>

Emest`Smith <ernestsmith402@gmail.com> Fri, Mar 6, 2020. at 8:30 AM To: Keith Gentes <Keith@malamutlaw.com>

Cc: “Adam@MalamutLaw.com” <Adam@malamutlaw.com>, Karen Hodge <khodge@malamutlaw.com>

Good morning Keith after reviewing the settlement agreement supplied by Liberty Mutual and the questions of liability I decided to go forward with the Trial. As I made you aware of before if Judge Rafano is over seeing my trail I request a change of venue due to a conflict of interest. I’m having my fusion surgery on Tuesday March 10th and will have to stay in the hospital for around 2 days. I will not be able to drive for 5 to 6 weeks so please advise the courts I will need some recovery time before the trial starts.

Thank you

Good evening Mr. Smith:

Justa quick email to_ inquire.of you how your recovery is coming along.

Mow, Mar 23, 2020 at`5:09 PM

Please contact our office immediately upon your ‘clearance’ from the doctor in order to schedule an office appointment. Thank you, best wishes for a full recovery,

Dear Mr. Malamut:

Please be advised that Defendant,. Patricia A. John-]amison, hereby amends her answers to . Uniform Interrogatories to include that at the time of the accident, she had coverage through Progressive. The applicable Progressive Pohcy No. is 17141382AA291308.

If this informal method of amendment is not acceptable to you, please advise immediately. If I do not hear from you within ten (10) days from the date of this letter, I win assume you have no objection to this informal method of amendment.

Thank you for your attention to this matter.

Vefy truly yours,

Keith this is in regards to our settlement meeting this afternoon at the office. After reviewing everything i will accept not offer made by the insurance company and i prefer going to trail. Since lm going to have a nerve block injection in my back on the 12th of this month. Also I will have another djscectomy early next month that has already been approved by the auto insurance I will wait until I recover before making any settlement decisions at this time. If you or the firm feel this is not the direction that you wants to go in you can feel free to recuse at anytime if that is in your best interests.

Thank you

lt was nice seeing you today, but unfortunately, we didn’t get a chance to speak. Are you available to speak with me tomorrow?

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