Wendy Carolla and Dino Carolla v. Texas Roadhouse, et al.

Shresbury, New Jersey personal injury lawyer represented the Plaintiff on a premises liability case.



This case was filed in the SUPERIOR COURT OF NEW JERSEY, MONMOUTH COUNTY, MON L 001450 25, and was removed to federal court by the Defendant.



In New Jersey, premises liability law holds property owners and those in control of property responsible for injuries sustained on their premises due to negligence. This means if a property owner's failure to maintain a reasonably safe environment leads to an injury, they can be held liable. To succeed in a premises liability claim, the injured party generally needs to prove the property owner owed them a duty of care, breached that duty, and that the breach directly caused the injury and damages.

Here's a more detailed breakdown:

Duty of Care: Property owners owe a duty of care to those who enter their property. This duty varies depending on the status of the visitor:



Invitees:

.



Individuals invited onto the property for business or commercial purposes, such as customers or clients.

Licensees:

.

Individuals invited onto the property for non-commercial reasons, like social guests.

Trespassers:

.

Individuals not invited onto the property. While owners owe the least duty to trespassers, there may be exceptions, particularly for child trespassers.



Breach of Duty: A breach occurs when the property owner fails to maintain a safe environment, including:



Failing to fix known hazards.

Not providing adequate warnings about dangerous conditions.

Neglecting grounds, like failing to remove snow and ice.

Neglecting building construction, inadequate security, or improper lighting.



Causation and Damages: The breach of duty must be the direct cause of the injury. The injured party can then seek compensation for damages, including: Medical expenses, Lost wages, Future medical and rehabilitative needs, and Pain and suffering.

06/09/2025 1 NOTICE OF REMOVAL by TEXAS ROADHOUSE from SUPERIOR COURT OF NEW JERSEY, case number MON-L-001450-25. ( Filing and Admin fee $ 405 receipt number ANJDC-16340365), filed by TEXAS ROADHOUSE. (Attachments: # 1 Civil Cover Sheet)(SHORR, JENNIFER) (Entered: 06/09/2025)

06/09/2025 2 Corporate Disclosure Statement by TEXAS ROADHOUSE. (SHORR, JENNIFER) (Entered: 06/09/2025)

06/09/2025 3 Diversity Disclosure Statement by TEXAS ROADHOUSE. (SHORR, JENNIFER) (Entered: 06/09/2025)

06/09/2025 Judge Robert Kirsch and Magistrate Judge Justin T. Quinn added. (dmr3) (Entered: 06/09/2025)

06/09/2025 Notice of Judicial Preferences. Click here for the Judge's Individual Procedure Requirements. (dmr3) (Entered: 06/09/2025)

06/09/2025 CASE REFERRED to Arbitration. (dmr3) (Entered: 06/09/2025)

07/09/2025 4 STIPULATION OF THE PARTIES TO REMAND TO STATE COURT by TEXAS ROADHOUSE. (SHORR, JENNIFER) (Entered: 07/09/2025)

07/10/2025 5 ORDER approving stipulation to remand this action to the Superior Court of New Jersey Monmouth County. Signed by Judge Robert Kirsch on 7/10/2025. (jal, ) (Entered: 07/10/2025)

07/10/2025 6 Transmittal Letter for remanded case to Monmouth County Courthouse

71 Monument Park

Freehold, NJ 07728-1266 State No: MON L 001450 25. Mailed certified copy of the Order remanding case. (jal, ) (Entered: 07/10/2025)