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SZALONTAI v. YAZBO'S SPORTS CAFE

874 A.2d 507 (2005)

183 N.J. 386

James SZALONTAI, Plaintiff-Appellant, v. YAZBO'S SPORTS CAFÉ; Michael Simko; Frank Haberle and Anco Environmental Services, Inc., Defendants-Respondents, and Yazbo's Sports Bar; Simko's Pub and John Doe, (being a fictitious name), Defendants.

Supreme Court of New Jersey.

Decided May 26, 2005.

Attorney(s) appearing for the Case

Barry M. Packin, argued the cause for appellant (Mandelbaum, Salsburg, Gold, Lazris, Discenza & Steinberg, attorneys; Brian M. Gerstein, on the briefs, West Orange).

Robert F. Ball, Shrewsbury, argued the cause for respondents Yazbo's Sports Café and Frank H. Haberle (Bolan Jahnsen Ball & Reardon, attorneys; Mr. Ball and Elizabeth A. Wilson, on the briefs).

Richard M. Mandel, argued the cause for respondent ANCO Environmental Services, Inc. (O'Brien, Liotta, Mandel & Kupfer, attorneys, Union; Mr. Mandel and Roxanne De Francesco, on the briefs).

Anthony C. Cerciello, Millburn, submitted letters in lieu of brief on behalf of respondent Michael Simko (Levitt & Cerciello, attorneys).

Justice RIVERA-SOTO delivered the opinion of the Court.

This appeal requires that we again examine the boundaries that delimit the application of the doctrine of res ipsa loquitur, this time within the confines of the discovery deadlines that are part of our "best practices" requirements. We reaffirm that, before the doctrine of res ipsa loquitur operates to shift the burden of persuasion to the defendant in a negligence case, the plaintiff first must...

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