JAH v. JM A-3676-93T2 (App.Div. 1996)

Sat Below: Hon. Roger Mahon, J.S.C. (Hunterdon County)

David Perry Davis, while in final year of law school, working with several attorneys and the litigant pro se. The trial court abused its discretion in denying defendant-appellant’s motion to vacate a default judgment, entered while she was suffering from severe alcoholism, that (1) deprived appellant of a palimony claim after a 17 year live-in relationship with respondent, (2) deprived her of the ability to litigate her assault counts, and (3) deprived her of custody of her son. On remand, this case made legal history as the first case ever in the state of New Jersey where a jury was empanelled in the Family Part to hear a domestic tort claim. The case was settled prior to the commencement of the jury trial.