A Capehart Scatchard Blog

Driver Of Automobile Found Not Liable For Auto Accident When No Ability to Avoid Collision

By on September 20, 2019 in Negligence with 0 Comments

Plaintiff Cirillo Gonzalez was a passenger in the motor vehicle being operated by defendant Hector Lopez, which was involved in a collision with defendant Everlynia Hudson.  The Hudson vehicle entered the roadway in front of the Lopez vehicle without stopping at a stop sign.  The issue in Gonzalez v. Lopez, 2019 N.J. Super. Unpub. LEXIS […]

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Home Inspectors Found Subject To New Jersey Consumer Fraud Act

By on September 13, 2019 in Fraud with 0 Comments

This case originated with plaintiff Thomas Shaw contracting to buy a home located in Overlook Court in Hampton Township.  He hired the defendant home inspector Brian Shand (“Shand”), sole owner of All Points Home Inspection & Services, to inspect the property, who thereafter e-mailed his report to the plaintiff Jodi Shaw (“Shaw”).  Plaintiff Shaw claimed […]

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Tractor Trailer Truck Driver Found Not Liable For Auto Accident Caused By Tire Blowout of Minivan In Front Of Truck

By on September 6, 2019 in Liability with 0 Comments

The plaintiff Ronald Winnix and his wife defendant Sandra Winnix decided to take an impromptu family visit for the Fourth of July weekend, driving from North Carolina to Brooklyn, New York.  Sandra had a concern about the condition of their minivan’s rear tire before they left. On their return home, that tire suffered a blow […]

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Expert Testimony Not Needed to Establish Unlit Walkway Drop Off Was A Dangerous Condition

By on August 30, 2019 in Negligence with 0 Comments

Plaintiff Holly Hughes was a Certified Nursing Assistant who was hired by the defendant decedent’s daughter to provide nursing care to decedent (Leonard Owen) in his home.  On her first day of work, as she was leaving work, she tripped and fell at the end of the walkway, apparently due to a substantial drop off.  […]

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Governor Murphy Signs Two Bills into Law Overturning Haines v. Taft, Permitting Injured Automobile Accident Plaintiffs to Recover Unreimbursed Medical Expenses

By on August 23, 2019 in Damages, Legislation with 0 Comments

On August 15, 2019, New Jersey Governor Murphy signed two bills into law, which overruled the New Jersey Supreme Court opinion in the case of Haines v. Taft.  In the Haines case, the Court had held that plaintiffs could not seek to recover unreimbursed medical expenses as part of their damages incurred in an automobile […]

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Orthopedist Found Not To Be Qualified To Testify As To Mechanism Of Personal Injury

By on August 16, 2019 in Testimony with 0 Comments

Plaintiff Jason Rodriguez was injured in a rear end collision and sued the other driver, defendant Faith Sheppard.  Liability was conceded and a jury trial was held as to damages only.  The issue in Rodriguez v. Mueller, 2019 N.J. Super Unpub LEXIS 1783 (App. Div. August 15, 2019), was whether the plaintiff had suffered sufficient […]

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Supreme Court Finds That Defendant Employee Was Not Obligated To Report That His Co-Worker Was Engaged In Sexual Relationship With Minor

By on August 9, 2019 in Negligence with 0 Comments

When minor Plaintiff G.A.H. was 15 years old, she began a sexual relationship with the defendant “Kenneth” when he was 44.  During the time period of this illegal relationship, Kenneth worked for defendant GEM Ambulance LLC (“GEM”) as an EMT.  The issue in the New Jersey Supreme Court case of G.A.H. v. K.G.G., 2019 N.J. […]

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Court Finds NJ Restrictive Covenant Agreement Enforceable As to Sales Representatives

By on August 2, 2019 in Policy with 0 Comments

In six consolidated cases, six former employee defendants were sued by their former employer ADP, LLC (“ADP”) for violating their respective Restrictive Covenant Agreements with ADP.  Each of the defendants had been a top performing sales representative for ADP and had accepted the Restrictive Covenant in exchange for participating in a stock award incentive program.  […]

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Non-Profit Residential Drug Treatment Facility Found Not to Be Entitled to Charity Immunity for Injuries Suffered from Fall

By on July 26, 2019 in Liability with 0 Comments

The plaintiff, F.K. was a resident at the defendant Integrity House residential drug treatment facility in Newark.  He claimed to have suffered personal injuries when he slipped and fell due to a wet condition on an interior staircase within the facility.  Plaintiff sued defendant Integrity House, alleging that it was negligent in the maintenance of […]

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Owner of Commercial Property With Triple Net Lease Agreement Found Not To Be Liable For Fall on Sidewalk

By on July 19, 2019 in Negligence with 0 Comments

Plaintiff Edna Albert slipped and fell on a sidewalk outside a Pathmark grocery store and suffered personal injuries.  The Pathmark had leased the premises from Klingensmith Associates, LLC (“Klingensmith”).  The issue in Albert v. Pathmark Stores, Inc., 2019 N.J. Super Unpub. LEXIS 1586 (App. Div. July 10, 2019), was whether the commercial landowner, Klingensmith, who […]

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