Search Rutgers Law Library N.J. Court Opinions

1 MARIANO SIMOTA BAILEY v. JACQUELINE M. HENNESSEY -- rank: 1000

... which are part of New Jersey law. The judge cited N.J.S.A. 39:4-36, and stated that the statute provides: That the driver of ... 32C and applying it to bicyclists. Defendant contends that under N.J.S.A. 39:4-36, a person driving a motor vehicle has a duty to ... Civil Jury Charge 5.32C and applying it to bicyclists. N.J.S.A. 39:4-36(a) provides in pertinent part, that: (1) The driver of ... of Banking & Ins., 237 N.J. 482, 489 (2019). In N.J.S.A. 39:4-36(c), the Legislature set forth the duties a 'driver' of ... enters upon and crosses a 'roadway' at a marked crosswalk. N.J.S.A. 39:4-36(c). N.J.S.A. 39:1-1 defines certain ... a person riding a bicycle is not a 'pedestrian' under N.J.S.A. 39:4-36(c) because a bicyclist is not a 'person afoot.' ...

docket:	a3396-18
court:	NJ Superior Court Appellate Division
decided:	2020-04-08
status:	Unpublished
citation:
Document Size:	34454

2 ROSEMARY FORMOSO v. YOUVIN R. DALEY -- rank: 905

... court failed to consider the duties imposed on Bystrowski by N.J.S.A. 39:4-36 and the principle of concurrent causation explained in Davis v ... p]laintiff argues that this [c]ourt did not consider N.J.S.A. 39:4-36 in making its decision to grant [s]ummary [j]udgment ... 1978-20 6 Upon reconsideration, the [c]ourt finds that N.J.S.A. 39:4-36 is inapplicable as section 4, which [p]laintiff does not ... THE FAILURE OF THE COURT TO APPRECIATE THE APPLICABILITY OF N.J.S.A. 39:4-36. POINT VII [THE] CERTIFICATION OF EDWARD A. GENZ, ESQ. DATED ... Diletto, 350 N.J. Super. 552, 558 (App. Div. 2002). N.J.S.A. 39:4-36(a) imposes duties on both drivers and pedestrians. It provides ... relieve a pedestrian from using due care for his safety. [N.J.S.A. 39:4-36(a).] Plaintiff acknowledges that the accident did not occur ...

docket:	a1978-20
court:	NJ Superior Court Appellate Division
decided:	2022-03-28
status:	Unpublished
citation:
Document Size:	30724

3 /usr/local/share/www/libweb/collections/courts/appellate/a4776-17.opn.html -- rank: 849

... of failing to yield to a pedestrian, in violation of N.J.S.A. 39:4- 36(a), and sentencing her to pay a fine of $200 ... with failing to yield to a pedestrian, in violation of N.J.S.A. 39:4-36(a). The matter was tried in the Washington Township Municipal ... his decision on the record, finding defendant guilty of violating N.J.S.A. 39:4-36(a). The judge noted that Irons had based his opinion ... evidence to establish beyond a reasonable doubt that defendant violated N.J.S.A. 39:4-36(a). Defendant filed an appeal, seeking de novo review by ... AND, THEREFORE, ERRED IN CONVICTING DEFENDANT FOR A VIOLATION UNDER [ N.J.S.A.] 39:4-36. We have thoroughly reviewed the record in light of these ... thorough and well-reasoned opinion. We add the following comments. N.J.S.A. 39:4-36 provides that a. The driver of a vehicle shall ...

docket:
court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	18751

4 STATE OF NEW JERSEY , v. GREGORY J. PARKHILL -- rank: 843

... a crosswalk to yield to vehicles in the roadway. See N.J.S.A. 39:4-36(a)(4). As the trial court did not do so ... with the model jury charge and the law pursuant to N.J.S.A. 39:4-36. B. The court committed reversible error by failing to inquire ... it is impossible for the driver to yield or stop.' N.J.S.A. 39:4-36(a)(2). Second, the law states, 'Every pedestrian upon a ... the right-of-way to all vehicles upon the roadway.' N.J.S.A. 39:4-36(a)(4). Whether the victim acted unlawfully relates to whether ... care for the safety of any pedestrian upon a roadway.' N.J.S.A. 39:4-36(a)(5). A-4802-17T4 14 Buckley did not address ... would have been avoided had the victim-pedestrian not violated N.J.S.A. 39:4-36. Third, the State did not expressly limit its contention ...

docket:	a4802-17
court:	NJ Superior Court Appellate Division
decided:	2019-11-25
status:	Published
citation:
Document Size:	29929

5 WILLIAM KELLY, et al. v. MOLLY E. WALKER-GRASSI et al. -- rank: 839

... by charging the jury that any violation by defendant of N.J.S.A. 39:4-36, which requires a driver to yield to a pedestrian in ... the jurors that if they concluded that defendant had violated N.J.S.A. 39:4-36, they "may consider such violation of the traffic act as ... the rear shall not overtake and pass such stopped vehicle. [ N.J.S.A . 39:4-36.] Plaintiff relies on Eaton v. Eaton , 119 N.J. 628 ... violated the statute, negligence itself would be established. Ibid. Unquestionably, N.J.S.A. 39:4-36 does not incorporate a common-law standard of care. Instead ... duties and obligations of a driver. Because the provisions of N.J.S.A. 39:4-36 are not co-extensive with a common law duty, the ... trial judge to instruct the jury regarding another portion of N.J.S.A. 39:4-36 because the instruction had no basis in fact in ...

docket:	A2484-05
court:	NJ Superior Court Appellate Division
decided:	2007-01-24
status:	unpublished
citation:
Document Size:	58383

6 BRANDON CAMACHO v. RIAZ MOTANI -- rank: 797

... with the prosecutor's office, Motani compared that statute with N.J.S.A. 39:4-36(a)(2), which provides, "No pedestrian shall leave a curb ... more appropriate. The charge was amended to a violation of N.J.S.A. 39:4-36(a)(2), and subsequently dismissed. Defendant Sergeant Joseph Markulic of ... sound chance" of establishing that Brandon was guilty of violating N.J.S.A. 39:4-36(a)(2). See LoBiondo , supra , 199 N.J. at 93 ...

docket:	a5602-14
court:	NJ Superior Court Appellate Division
decided:	2017-09-25
status:	unpublished
citation:
Document Size:	52003

7 State v. Diana M. Palma -- rank: 712

... 39:4-97, and failure to yield to a pedestrian, N.J.S.A. 39:4-36. The Monmouth County Prosecutor’s Office reviewed the police investigation ... 39:4-97, and failure to yield to a pedestrian, N.J.S.A. 39:4-36. The Monmouth County Prosecutor’s Office reviewed the pertinent police ...

docket:	A-41-12
court:	NJ Supreme Court
decided:	2014-09-30
status:
citation:	219 N.J. 584 99 A.3d 806
Document Size:	66937

8 BRIAN J. RICE v. CHRISTINA M. MILLER -- rank: 666

... street.' Ibid. 3 The judge also charged the jury with N.J.S.A. 39:4-36(a)(4) which provides that pedestrians who cross at a ...

docket:	a2513-16
court:	NJ Superior Court Appellate Division
decided:	2018-06-05
status:	published
citation:	455 N.J.Super. 90 187 A.3d 885
Document Size:	82447

9 FRANK LAWYER v. MARY G. GASTRICH -- rank: 666

... cause, and read them the standards applicable to pedestrians in N.J.S.A. 39:4-36 and N.J.S.A. 39:4-34. Later in ... the right of way to all vehicles upon the roadway." N.J.S.A. 39:4-36(a)(4). Furthermore, "where sidewalks are provided it shall be ...

docket:	a1159-10
court:	NJ Superior Court Appellate Division
decided:	2011-09-14
status:	unpublished
citation:
Document Size:	52289

10 STATE OF NEW JERSEY v. DIANA M. PALMA -- rank: 601

... with failure to yield to a pedestrian in a crosswalk, N.J.S.A. 39:4-36, which was dismissed. 2 The Law Division judge must give ...

docket:	a3473-10
court:	NJ Superior Court Appellate Division
decided:	2012-06-26
status:	published
citation:	426 N.J. Super. 510 45 A.3d 1022
Document Size:	30924

11 STATE OF NEW JERSEY v. GARRATT D. CARTER -- rank: 594

... should cross roadways, such as subsections (2) and (4) of N.J.S.A. 39:4-36(a). Defendant, however, did not argue to the judge that ... we are satisfied that the omission of instructions tailored to N.J.S.A. 39:4-36(a) was not capable of producing an unjust result. The ...

docket:	a4940-18
court:	NJ Superior Court Appellate Division
decided:	2022-11-21
status:	Unpublished
citation:
Document Size:	23309

12 BARBARA STEMPLE v. THOMAS W. BORES, et al. -- rank: 588

... charge were N.J.S.A. 39:4-34 and N.J.S.A. 39:4-36, which the parties agreed were appropriate and which are not ...

docket:	a3623-03
court:	njappellate
decided:	2006-07-19
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	73916

13 STATE OF NEW JERSEY v. MIGUEL A. SOTO -- rank: 522

... failure to yield to a pedestrian in a crosswalk) and N.J.S.A. 39:4-36 (driving while privileges are suspended). He appeals from his convictions ...

docket:	a1204-14
court:	NJ Superior Court Appellate Division
decided:	2017-04-21
status:	unpublished
citation:
Document Size:	34312

14 ROY SCONFIENZA v. DANIEL P. DEFEO et al. -- rank: 522

... have crossed the street at right angles to the roadway. N.J.S.A. 39:4-36. Plaintiff and Schulmeister both confirmed that instead of walking at ...

docket:	a6753-04
court:	njappellate
decided:	2006-09-28
status:	unpublished
citation:	*CITE_PENDING*
Document Size:	73021

15 /usr/local/share/www/libweb/collections/courts/appellate/a2025-18.opn.html -- rank: 486

... the crosswalk. She received a ticket, however, for violation of N.J.S.A. 39:4-36 — failure to yield to a pedestrian in a crosswalk ...

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Document Size:	18698