Calogero Rumeo

This endorsement addresses a request from the parties to schedule a 20-day judge-alone trial in two non-consecutive, two-week tranches to secure earlier trial dates.

The court, acting as the local administrative judge for civil cases, granted the request.

The decision acknowledged the general preference for continuous trials but found the non-continuous format warranted due to significant delays in the case (partially administrative and pandemic-related) and the consent of all parties.

The court emphasized the need to avoid further deterioration of evidence and provide closure to the plaintiff, who had been involved in litigation for many years.

The plaintiff brought a motion for partial summary judgment on the issue of liability after allegedly being injured when she fell while backing away from the defendant's dog.

The court dismissed the motion, finding that there were significant factual disputes regarding whether the dog made contact with the plaintiff, whether the incident constituted an 'attack' under the Dog Owners' Liability Act, and the extent of the plaintiff's contributory negligence.

The court concluded that a trial was necessary to resolve these genuine issues.