A Capehart Scatchard Blog

Burden to Apportion Damages For Two Successive Accidents Shifted to Defendants If Plaintiff Suffered “Unitary” Harm

By on February 19, 2021 in Negligence with 0 Comments

Plaintiff Joseph Bucchi was involved in a pedestrian motor vehicle accident after an alleged altercation with defendant Janet DeLuca. After found lying in the street by another individual, he “wobbled into the street,” and was struck by defendant Joan Strothers’ vehicle. The issue in Bucchi v. DeLuca, 2020 N.J. Super. Unpub. LEXIS 2066 (App. Div. […]

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Third-Party Complaint Against Municipality Barred Due To Defendant’s Failure To Timely File A Notice Of Tort Claim

By on February 12, 2021 in Negligence with 0 Comments

Plaintiff Eartha Butler claims that, on March 18, 2018, she suffered injuries after tripping and falling on a sidewalk adjacent to the defendant Badr’s Jersey City private school (“Badr”).  Badr was unaware of plaintiff’s claim until seven months after the accident.  At that time, it served a notice of tort claim upon Jersey City.  The […]

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Court Enforces Settlement Agreement Without Insurer Included on Release

By on February 5, 2021 in Settlements with 2 Comments

Plaintiff Glentina Kupolati sued the Village of Timber Creek Condominium when she slipped and fell on a sidewalk near her home.  On the day of trial, the parties’ counsel met to settle the matter with counsel orally agreeing that plaintiff would receive $180,000 and, in return, Kupolati would sign a general release, waiving any claims […]

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Supermarket Found Not Liable For Plaintiff’s Fall Due To Water On Store’s Floor

By on January 29, 2021 in Liability with 2 Comments

Plaintiff Sara Quejada was shopping with her daughter at defendant’s supermarket when she slipped and fell on water as they were near the checkout area of the store.  Plaintiff did not know the source of the water. The issue in Quejada v. ShopRite, 2021 N.J. Super. Unpub. LEXIS 91 (App. Div. Jan. 19, 2021) was […]

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Plaintiff’s Negligence Claim Against Retailer Store Dismissed For Failure to Prove Causation for Fall

By on January 22, 2021 in Negligence with 0 Comments

Plaintiff Jeanne Ludwig was shopping at the Michaels store when she tripped and fell over the base of a railing while backing up inside a shopping cart corral inside the store.  Plaintiff was looking for lights to display on her windowsill and tripped when her foot hit the base of the railing for the cart […]

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General Contractor Found Not Responsible for Injury to Subcontractor Employee

By on January 15, 2021 in Negligence with 0 Comments

Defendant Louis Gargiulo Co., Inc. (“Gargiulo”) was hired as a general contractor to perform work at the Hudson County Schools of Technology. Defendant hired Adamo Brothers Construction (“Adamo”) to perform a portion of the work. Plaintiff, an Adamo employee, suffered an injury while operating a jackhammer on the job site. The issue in Sutuj v. […]

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New Jersey Supreme Court Orders Virtual Jury Trials to Proceed

By on January 8, 2021 in Other with 0 Comments

After receiving numerous public comments, on January 7, 2021, the New Jersey Supreme Court has ordered that virtual jury trials are to proceed, starting on February 1, 2021. They will be implemented in a two phase approach in a limited number of vicinages on a voluntary basis starting February 1, 2021 and on a mandatory […]

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Trial Court Committed Error In Permitting Plaintiff’s Alcohol Consumption Admitted Into Evidence In A Fall Down Case

By on December 18, 2020 in Negligence with 0 Comments

Plaintiff Elizabeth Harrington was having dinner at the defendant Fire & Oak restaurant in an elevated booth.  She had consumed two glasses of wine.  When she stepped down to exit the booth, she fell and fractured her hip.  The issue in Harrington v. South City Prime Montvale, LLC, 2020 N.J. Super. Unpub. LEXIS 2417 (App. […]

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Plaintiff’s Claim for UIM Coverage Denied Based upon Regular Use Exclusion in Insurance Policy

By on December 11, 2020 in Coverage with 0 Comments

Plaintiff Edward Siemietkoski sought underinsured motorist (UIM) benefits from Geico Insurance Company (Geico) due to injuries suffered in an automobile accident with defendant Charlie Velasquez-Flores. Geico denied Plaintiff’s claim based on the “regular use” exclusion contained in his insurance policy. This exclusion restricts coverage “where an insured has sustained bodily injury while occupying a vehicle […]

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Hotel Found to Have No Liability for Painting Contractor Injured Due to Fall Off Ladder

By on December 4, 2020 in Negligence with 0 Comments

Plaintiff Andres Prieto (as part of a team of contractors) was hired by the Defendant EH Associates, LLC d/b/a Fairbridge Inn & Suites to place sheetrock over skylights in the hotel’s ballroom and paint the ballroom’s walls. In the course of performing these services, he fell off his ladder and suffered injuries. The issue in […]

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