Albert v. Monarch Federal Savings & Loan Ass'n

743 A.2d 890, 327 N.J. Super. 462 (2000)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
A
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Albert v. Monarch Federal Savings & Loan Ass'n

New Jersey Appellate Court
743 A.2d 890, 327 N.J. Super. 462 (2000)

Facts

Tree Albert (plaintiff) tripped and fell over an uneven sidewalk in front of a building owned by Monarch Federal Savings and Loan Association (Monarch) (defendant). Among other injuries, Albert developed carpal tunnel syndrome in her wrist. Although Albert’s treating physician recommended that she have surgery for her carpal tunnel syndrome, Albert did not have the surgery. Albert filed suit against Monarch and other parties for negligence. The other parties were dismissed before trial. During trial, Albert’s medical expert, Dr. Richard F. Caponneti, testified that carpal tunnel surgery had a good record of success and that Albert needed the surgery. Dr. Caponneti further testified that carpal tunnel surgery is not always successful and sometimes makes patients’ worse. Following trial, the jury found that Albert and Monarch were both negligent, attributed 30 percent fault to Albert, and awarded Albert $50,000. The court reduced Albert’s damages to $35,000 because of her failure to undergo carpal tunnel surgery. Albert appealed the court’s damages order, arguing that because carpal tunnel surgery is not always successful, her damages should not be reduced because she chose not to have the surgery.

Rule of Law

Issue

Holding and Reasoning (Skillman, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 811,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 811,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 811,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Remedies

Key Terms