A Capehart Scatchard Blog

Landlord Found Not Liable to Injured Tenant Who Fell on Ice During Storm

By on May 24, 2019 in Negligence with 0 Comments

Plaintiff, Samir Abdalla, alleged that he slipped and fell on an icy walkway in his apartment complex and suffered a fractured radius in his left arm. He sued his landlord Threegees t/a Monaco Arms, Inc., claiming that the defendant was negligent in failing to clear ice on the sidewalk in the apartment complex. The issue […]

Share

Continue Reading »

How Much Time Do I Have to Appeal a New Jersey Civil Court Decision?

By on May 17, 2019 in Litigation with 0 Comments

The time to appeal a New Jersey court decision involving a civil matter will depend upon whether it is an appeal from a trial court decision or an appeals’ court decision.  It will also depend upon whether the appeal is from a final judgment. There is an automatic right of appeal from a final judgment […]

Share

Continue Reading »

Plaintiffs May Recover For Diminution of Value of Motor Vehicle Involved In Accident

By on May 10, 2019 in Damages with 0 Comments

In four consolidated cases appealed to the Appellate Division, the Court decided whether the plaintiffs, as motor vehicle owners, may recover for an additional reduction in value when their vehicles have become less desirable for resale due to the stigma of them having been damaged in an accident.  In the published decision of Financial Services […]

Share

Continue Reading »

Snow In Progress Defense Upheld By the Appellate Division

By on May 3, 2019 in Negligence with 0 Comments

Plaintiff, Janet Dixon, while leaving work, slipped and fell on a sidewalk due to snow and ice.  It was undisputed that she fell during a snow storm.  In Dixon v. HC Equities Associates, 2019 N.J. Super. Unpub. LEXIS 1005 (App. Div. May 2, 2019), the issue was whether the defendant property owner was liable due […]

Share

Continue Reading »

Plaintiff in Personal Injury Action Barred from Testifying that his Automobile was Totaled

By on April 26, 2019 in Civil Lawsuits with 0 Comments

Plaintiff Mariusz Kuzian claimed to have suffered personal injuries in a motor vehicle accident caused by the defendant Steven Tomaszewski. During the trial, his lawyer questioned him as to whether his vehicle was totaled in the accident. The issue in Kuzian v. Tomaszewski, 2018 N.J. Super. LEXIS 183 (Law Div. July 12, 2018) was whether […]

Share

Continue Reading »

Does New Jersey Permit Recording of Defense IME’s?

By on April 18, 2019 in Other with 0 Comments

Under New Jersey Court rules, when a plaintiff has made a claim for personal injuries, the adverse party may require that the plaintiff submit to a physical or mental examination pursuant to R. 4:19.  The issue sometimes arises as to whether the defense medical examination may be recorded or attended by a representative of the […]

Share

Continue Reading »

Appellate Division Rules that the Workers’ Compensation Act Bars Lawsuit against Firefighter for Firecracker Prank, as it was not an Intentional Wrong

By on April 12, 2019 in Liability with 0 Comments

Plaintiff Raymond Johns, a firefighter for the City of Linden, suffered injuries when he sat on a firecracker that was placed on a toilet seat as a prank by a fellow firefighter, Thomas Wengerter. In Johns v. Wengerter, 2019 N.J. Super. Unpub. LEXIS 730 (App. Div. April 1, 2019), the issue was whether Wengerter’s act […]

Share

Continue Reading »

Appellate Division Rules on Amount of Attorneys Fee Permitted in Lien Reimbursement to Workers’ Compensation Carrier in High Third Party Settlements

By on April 5, 2019 in Settlements with 0 Comments

There has been a longstanding dispute as to the amount of the attorney’s fee permitted in calculating the lien reimbursement due to the workers’ compensation insurance carrier in high third party settlements (i.e., those that exceed $500,000). This dispute was recently resolved in the reported Appellate Division decision of Liberty Mutual Insurance o/b/o Sabert Corporation […]

Share

Continue Reading »

Supreme Court Rules that Plaintiffs Injured in Auto Accident are Barred from Recovering Medical Expenses Less Than $250,000 Statutory Amount Regardless of PIP Coverage Selected

By on March 29, 2019 in Claims with 0 Comments

In Haines v. Taft, 2019 N.J. LEXIS 441 (March 26, 2019), in a split decision, the New Jersey Supreme Court reversed the Appellate Division and found that plaintiffs, who elected a $15,000 PIP coverage, were barred from seeking to recover the amount of their outstanding medical expenses, incurred as a result of an automobile accident, […]

Share

Continue Reading »

Chiropractor’s Report Barred in Automobile Accident Case Due to Inability to Distinguish Between Lumbar Permanency Plaintiff Suffered in Two Different Accidents

By on March 18, 2019 in Permanency with 0 Comments

Plaintiff Abigail Perdomo claimed to have suffered a lumbar injury causing two disc bulges at L4-5 and L5-S1 in a December 2010 automobile accident. Thereafter, in November 2013, plaintiff was again in an automobile accident and testing showed that she had the same two bulging discs. In Perdomo v. Orgacki, 2018 N.J. Super. Unpub. LEXIS […]

Share

Continue Reading »

Top