Once case settled...can it be reopened?

[AnnetteG]

What is the name of your state (only U.S. law)? New Jersey

I bought a new car November '08. In February '09, I was about to go into a supermarket and wham.. out of nowhere a cart slammed into my car. Ok..it was terribly windy out..I admit that..but I parked way in the back of the store parking lot to be away from such an incident. This cart came out of nowhere, slammed into my car at a about 50 miles an hour and left a nice sizable dent in the rear passanger door to the tune of $675.
I took the story (Pathmark) to small claims on June 13, '09
Took pictures...the whole nine yards. I lost. Why? because I had no eye witnesses. The judge did reprimand the store for not being 'out there' more removing flying carts...
But I am thinking I did not say everything because I didn't know if I was able to or not. The three people (not there all at once either) are handicapped. There is one guy who can barely walk because he is so handicapped. I can't think of a worse job for someone like him. The girl that WAS on duty was Mary...she is mentally slow.. These things I was afraid to say to the judge... but no in retrospect, I wish I had. I may have won. There were carts all over the place slamming into other cars..next time I see it happen... I swear I will be an eye witness for someone along with reporting it. The judge was asking me if the cart belonged to Pathmark and not one of the surrounding stores.. I said no..because I took the cart into them and it lined up perfectly.
I am sure they would have said, "This isn't our cart" I said.. good point HE said.. ugh...
Pathmark told me that before A&P took them over, they would have gone into Petty cash and taken car of the bill on the spot..but A&P doesn't work that way. Well. Like I told them..I spent on average $200 a week on food..and so does my parents, sister, daughter Etc.. now? we all are refusing to go to either one of those stores...it's worth going out of our way..anyway.. something else may happen and we know where we'd end up... they are at about $1,000 every week now ..from us alone...but.. can I say that these people are challenged? Thanks!What is the name of your state (only U.S. law)?

 

[Ohiogal]

What is the name of your state (only U.S. law)? New Jersey

I bought a new car November '08. In February '09, I was about to go into a supermarket and wham.. out of nowhere a cart slammed into my car. Ok..it was terribly windy out..I admit that..but I parked way in the back of the store parking lot to be away from such an incident. This cart came out of nowhere, slammed into my car at a about 50 miles an hour and left a nice sizable dent in the rear passanger door to the tune of $675.
I took the story (Pathmark) to small claims on June 13, '09
Took pictures...the whole nine yards. I lost. Why? because I had no eye witnesses. The judge did reprimand the store for not being 'out there' more removing flying carts...
But I am thinking I did not say everything because I didn't know if I was able to or not. The three people (not there all at once either) are handicapped. There is one guy who can barely walk because he is so handicapped. I can't think of a worse job for someone like him. The girl that WAS on duty was Mary...she is mentally slow.. These things I was afraid to say to the judge... but no in retrospect, I wish I had. I may have won. There were carts all over the place slamming into other cars..next time I see it happen... I swear I will be an eye witness for someone along with reporting it. The judge was asking me if the cart belonged to Pathmark and not one of the surrounding stores.. I said no..because I took the cart into them and it lined up perfectly.
I am sure they would have said, "This isn't our cart" I said.. good point HE said.. ugh...
Pathmark told me that before A&P took them over, they would have gone into Petty cash and taken car of the bill on the spot..but A&P doesn't work that way. Well. Like I told them..I spent on average $200 a week on food..and so does my parents, sister, daughter Etc.. now? we all are refusing to go to either one of those stores...it's worth going out of our way..anyway.. something else may happen and we know where we'd end up... they are at about $1,000 every week now ..from us alone...but.. can I say that these people are challenged? Thanks!What is the name of your state (only U.S. law)?

The case was not settled -- it was decided. YOu don't get to retry it because you screwed up the first time. You get ONE shot. You missed. Case closed.

 

[JETX]

Once case settled...can it be reopened?

A judgment can be appealed (if still during the appeal time), but the same case cannot be reheard.

In New Jersey:
If you, as a plaintiff or a defendant, disagree with the court's decision, you may appeal the case to the Appellate Division of the Superior Court within 45 days from the date of judgment. You must file a Notice of Appeal, a copy of the Request for Transcript, and a Case Information Statement within the 45 days with the Clerk of the Appellate Division located at the Hughes Justice Complex, Trenton) and deliver copies to:

* All parties to the case who appeared in court.
* The Clerk of the Special Civil Part from which the appeal is taken.
* The judge who decided the case.

You must pay a filing fee of $200 with the Notice of Appeal and deposit $300 with the Clerk of the Appellate Division within 30 days of the Notice of Appeal. This deposit may be used to pay settlement or court costs if the appeal is lost. If the appeal is successful, the deposit will be refunded.

You also must obtain a transcript (a copy of the record of what happened in court) of the trial. The request for a transcript should be made to the Office of the Clerk of the Special Civil Part in the county in which the case was tried. You must deposit with the Clerk the estimated cost of the transcript (as determined by the court reporter, Clerk, or agency preparing it) or $300 for each day or part of a day of the trial. You must file three copies of the transcript with the Office of the Clerk of the Appellate Division. Questions concerning an appeal should be directed to the Office of the Clerk of the Appellate Division at (609) 292-4822, or to an attorney.