ANNELIESE VOGT v. PHILIP FRANKOWSKI

 

NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-2333-05T52333-05T5

ANNELIESE VOGT,

Plaintiff-Respondent,

v.

PHILIP FRANKOWSKI,

Defendant-Appellant.

______________________________________________________________

 

Argued October 11, 2006 - Decided October 25, 2006

Before Judges Coburn and Axelrad.

On appeal from the Superior Court of New Jersey,

Law Division, Passaic County, Special Civil Part,

SC-845-05.

Randi S. Greenberg argued the cause for appellant

(Ms. Greenberg, of counsel and on the brief).

Eric W. Smith argued the cause for respondent (Fontanella, Benevento, Galluccio, Smith & Rapuano,

attorneys; Mr. Smith, on the brief).

PER CURIAM

At the conclusion of a bench trial in the Small Claims Division of the Special Civil Part, Judge LaConte found that defendant had assaulted plaintiff, thereby causing her to incur medical bills totaling $2,275.93, and he entered judgment in that amount.

Defendant appeals, contending (1) the verdict was against the weight of the evidence; and (2) "plaintiff's eligibility for Medicare was not adequately explored by the trial court," thereby depriving defendant "of an opportunity to show a collateral source reduction of plaintiff's damages."

After carefully considering the record and briefs, we are satisfied that the judgment is based on findings of fact which are adequately supported by evidence, and that all of defendant's arguments are without sufficient merit to warrant discussion in a written opinion. R. 2:11-3(e)(1)(A) and (E). Nonetheless, we add these comments.

Plaintiff testified as to an ongoing dispute with defendant, who had accused her of trying to have him evicted from the apartment house in which they lived separately. Defendant followed her to her apartment door, accompanied by a woman who grabbed and held her while defendant punched her. She yelled for help, and a neighbor, who testified, opened a door and saw defendant and the woman walking away, and plaintiff in great distress. Defendant admitted being present at the scene with a woman but denied the assault. Another tenant took plaintiff to St. Joseph's Hospital, where she incurred the medical bills noted above. Plaintiff testified that she paid the bills and was not covered by Medicare or any other medical insurance program. Defendant offered no contrary evidence on that point.

Quite obviously, plaintiff was bruised and otherwise injured, and required medical care. The only question was who attacked her. Her testimony was corroborated in significant part by the tenant who heard her pleas for help and saw defendant and the woman walking away. The weight to be given each witness's testimony was for the trial judge, and we see no basis for disturbing his judgment as to both liability and damages.

 
Affirmed.

Improperly pleaded as Phillip Frankowsky.

(continued)

(continued)

3

A-2333-05T5

October 25, 2006