As a former Civil Part judge, I read, with dismay, the unpublished opinion of Werthmann v. New Jersey Manufacturers Ins. Co., A-1444-11. There, the Appellate Division affirmed a dismissal of a case after the plaintiff’s sole request for an adjournment following five adjournments granted to the defense. The panel found that the lower court properly exercised its discretion.
Lawyers can take away several cautionary lessons from this case, which was decided on Oct. 5.
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