A Capehart Scatchard Blog

Mode Of Operation Doctrine Not Applied To A Fall At Restaurant Due to A Greasy Food Wrapper

By on September 17, 2021 in Civil Lawsuits with 0 Comments

Plaintiff Francine Latorraca fell while a customer at a McDonalds restaurant and suffered an injury.  She claims to have fallen as a result of a greasy food wrapper on the floor near the front register. The issue in Latorraca v. Aladyn, Inc., 2021 N.J. Super. Unpub. LEXIS 998 (App. Div. May 25, 2021) was whether […]

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Due To Lack Of Notice Of Buckled Rug, Casino Hotel Found Not Liable For Plaintiff’s Trip And Fall Over Rug

By on September 10, 2021 in Negligence with 0 Comments

Plaintiff Denean Davis was gambling at defendant’s casino in Atlantic City.  After gambling for about an hour, plaintiff left the building to take a phone call.  When she exited the building, the mat in front of the door was flush against the ground.  Forty-two seconds later when she reentered the building, the rug was “buckled,” […]

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Plaintiff’s Burn Claim from Hot Marinara Sauce Not Barred Due to Disposal of Marinara Sauce Container

By on September 3, 2021 in Negligence with 0 Comments

Plaintiff Martha Valdez ordered pizza and mozzarella sticks from the defendant Brooklyn’s Coal Burning Brick Oven Pizzeria.  After purchasing the food, she returned to her car with her husband and he gave her the bag containing the mozzarella sticks and marinara sauce and she put the bag on her lap.  After driving to the home […]

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General Contractor Found Not to Be Liable for Injury To Subcontractor’s Employee at Job Site

By on August 27, 2021 in Negligence with 0 Comments

The defendant Louis Gargiulo Company, Inc. (“Gargiulo”) was hired as a general contractor to perform certain work at the Hudson County Schools of Technology (“HCST”).  Defendant Gargiulo hired Adamo Brothers Construction (“Adamo”) as its subcontractor to perform a portion of the removal and replacement of concrete at HCST.  Plaintiff Luis Alfredo Sutuj, an Adamo employee, […]

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PIP Carrier Not Entitled To Subrogate Against Health Insurance Carrier For Medical Expenses Paid In Error

By on August 20, 2021 in Claims with 0 Comments

Palisades Insurance Company (“Palisades”) filed a claim for reimbursement against Horizon Blue Cross Blue Shield of New Jersey (“Horizon”) to obtain recoupment for health insurance benefits it paid to 4 insureds who were involved in automobile accidents and received treatment.  Palisades contended that it made those payments in error because the insureds had designated Horizon […]

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Apartment Building Owner Found Not To Be Liable For Injury From Fall On Slippery Stairs Due To Lack Of Notice Of Condition Of Stairs

By on August 13, 2021 in Negligence with 0 Comments

Plaintiff Widelande Raymond suffered a serious bodily injury when she slipped and fell on a slippery substance on her apartment building’s stairs. She sued the building owner, Layna Realty, LLC, and the property manager, Pentaurus Properties, LLC. The issue in Raymond v. Layna Realty, LLC, 2021 N.J. Super. Unpub. LEXIS 1673 (App. Div. Aug. 10, […]

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Plaintiff’s UM/UIM Claim Found To Be Barred Due To Plaintiff’s Failure To Sue Tortfeasor Within Statute Of Limitations

By on August 6, 2021 in Claims with 0 Comments

Plaintiff Sang Park was rear ended by a vehicle driven by the defendant Michelle Wragge on January 11, 2018.  As a result, Park claimed to have suffered painful injuries from the collision.  Thereafter, on June 1, 2018, Park, filed a complaint against GEICO (her insurance company) for uninsured or underinsured motorist coverage benefits (UM/UIM). But, […]

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New Jersey Supreme Court Holds that Multiple Documents Cannot be Used to Establish Compliance with the Notice Requirements of the Tort Claims Act

By on July 30, 2021 in Court Rulings with 0 Comments

By: Sean P. Dugan, Law ClerkEditor: Betsy G. Ramos, Esq. On June 13, 2017, Plaintiff H.C. Equities served the County of Union and Union County Improvement Authority a “Notice of Tort Claim” for “damages arising from tortious interference with contract … conspiracy, defamation and trade libel.” The claim arose out of a contract dispute where […]

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Appellate Division Finds Plaintiff’s Wrongful Death Lawsuit Against Decedents’ Employer Failed To Meet Intentional Wrong Exception Of Workers’ Compensation Act

By on July 23, 2021 in Wrongful Death with 0 Comments

Two employees, Oscar Portillo and Selvin Zelayal, were killed when a trench collapsed on top of them while installing a drainage system.  Their respective estates sued the decedents’ employer, Defendant Bednar Landscaping Services, Inc., and co-employees Keith Bednar, Peter Liberatore, and Christopher Liberatore for wrongful death.  The issue in Estate of Oscar Portillo v. Bednar […]

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Appellate Division Finds That Umbrella Insurance Policy Was Unambiguous In Its Exclusion Of Underinsured Motorist Coverage

By on July 16, 2021 in Coverage with 0 Comments

In 2014, Plaintiff Yvonne Zabala-Lugo was a passenger in a car driven by Jasmine Lugo when the vehicle struck a phantom car that swerved into her lane to avoid hitting a pedestrian.  After that impact, the Zabala-Lugo vehicle was struck from behind by another car driven by Betsey Tavares.  Plaintiff discovered that the Tavares’ insurance […]

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