Pellettieri Rabstein & Altman attorneys Sherri L. Warfel, and Steven J. Rogers, Jr. recently secured a significant appellate victory in a New Jersey nursing home negligence matter involving important issues surrounding residents’ rights, standards of care, expert testimony, and causation. The decision vacated a wrongfully entered jury verdict and remanded the case for retrial.
In Estate of Jean M. Early v. Englewood Hospital and Medical Center, et al., the New Jersey Superior Court, Appellate Division, issued an unpublished opinion on August 14, 2026, addressing claims arising from the neglectful care and violations of resident’s rights to Jean M. Early, including claims against CareOne at Teaneck. (New Jersey Courts)
The appeal was argued by PRA attorney Sherri L. Warfel, who was also of counsel and on the briefs. PRA attorney Steven J. Rogers, Jr.also served on the briefs on behalf of the plaintiffs-appellants
Appellate Division Reinstates Nursing Home Residents’ Rights Claims
Among the most significant issues on appeal was whether CareOne was subject to the New Jersey Nursing Home Responsibilities and Rights of Residents Act, N.J.S.A. 30:13-1 to -19.
The trial court had dismissed the plaintiffs’ claims under the Act. On appeal, however, the Appellate Division concluded that CareOne satisfied the statutory definition of a nursing home and that the decedent qualified as a resident under the Act.
As a result, the Appellate Division reversed the dismissal of the Nursing Home Act claims against CareOne and remanded the matter for a new trial.
The decision is particularly significant because the court rejected the notion that a facility must provide care only to permanent residents to fall within the statutory definition of a nursing home. The court recognized that the definition can also encompass facilities providing care to individuals with acute conditions or those receiving convalescent or subacute care with the expectation of discharge after sufficient improvement.
The Appellate Division also addressed the plaintiffs’ ability to present evidence of statutory and regulatory violations when establishing the appropriate standard of care.
The court determined that, because CareOne was subject to the Nursing Home Act under the facts of the case, testimony concerning alleged violations of the Act should have been permitted.
The court further concluded that testimony concerning other relevant statutes and regulations should have been allowed as evidence for the jury to consider when determining the standard of care applicable to nurses and nursing homes.
The Appellate Division also determined that the jury should have received the complete model jury instruction addressing statutory violations as evidence of negligence.
While there were other evidentiary issues of note with which the lawyers met with success, the applicability of the Nursing Home Act allows the facility to be held liable for breaching the rights of residents and shifts attorney’s fees and costs to the defendant. The resident rights were placed in the statute by the Legislature because of the abuses they recognized nursing home residents suffer as a vulnerable population at the hands of those meant to protect them and their health.
Advocating for Nursing Home Residents and Their Families
The Estate of Early appeal involved numerous complex questions of New Jersey nursing home law, medical evidence, expert testimony, causation, and trial procedure.
The Appellate Division’s decision reinstating the Nursing Home Act claims demonstrates the lengths this firm and its attorneys are willing to go with time and resources to stand up for those injured and in need and to act against wealthy corporations not taking responsibility for families and their loved ones that was promised.
Pellettieri Rabstein & Altman congratulates Sherri L. Warfel and Steven J. Rogers, Jr. for their work advocating on behalf of the plaintiff and pursuing these issues before the Appellate Division.
The Appellate Division opinion in Estate of Jean M. Early v. Englewood Hospital and Medical Center, et al., A-3244-23, is unpublished. Prior results do not guarantee a similar outcome.
