A Capehart Scatchard Blog

Court Rules That Plaintiff Unable To Seek PIP Coverage For Unpaid Medical Expenses Under Policies Issued By Insurance Companies To Tortfeasor’s Resident Relatives

By on December 6, 2019 in Claims with 0 Comments

Plaintiff Raymond Nesby was injured in an automobile accident when his car was struck from behind by the vehicle driven by defendant Sheryl Fleurmond, whose vehicle was owned by defendant Chris Decaro and insured by Progressive Garden State Insurance Company.  Fleurmond did not own a vehicle nor have her own automobile insurance policy.  However, she […]

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Appellate Division Holds No Absolute Rule Of Law Finding Liability Due To Rear End Collision

By on November 27, 2019 in Liability with 0 Comments

The plaintiff Ming Zhang appealed from a no cause verdict entered after a bench trial.  Plaintiff’s complaint sought compensation for property damage to his vehicle suffered from a rear end collision.  The trial court judge found that the plaintiff had caused the accident when he abruptly changed lanes into the lane that the defendant was […]

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Church Found Immune Under Charitable Immunity Act For Injury Due to Plaintiff’s Fall on Snow When Attending Drunk Driving Program at Church

By on November 22, 2019 in Liability with 0 Comments

Plaintiff Edward Castellano was ordered to participate in a 48 hour Intoxicated Driver’s Resource Center (IDRC) Program due to his second drunk driving conviction.  The program was located on property owned and operated by defendant St. Joseph’s Catholic Church in Keyport, New Jersey.  As plaintiff walked about the premises before the program started, he slipped […]

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Meeting the Verbal Threshold Requirement for an Automobile Accident Injury through Scarring or a Permanent Injury

By on November 8, 2019 in Negligence with 0 Comments

The Verbal Threshold is a threshold requirement set by the New Jersey Legislature for an individual to be compensated for bodily injuries suffered in an auto accident. The Verbal Threshold, or the Limitation on Lawsuit option, was created in an effort to reduce the cost of car insurance by limiting a person’s ability to sue […]

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Court Finds Contractor Not Responsible For Accidental Death Of Subcontractor’s Employee

By on November 1, 2019 in Negligence with 0 Comments

Plaintiffs Walter Friedauer and Robert Friedauer, as Executors of the Estate of Paul Friedauer, brought a wrongful death action against defendant Ashbritt Environmental Inc. (Ashbritt).  Ashbritt was the state’s prime contractor for the hurricane or other natural disaster debris recovery, remediation and disposal in Brick Township due to Hurricane Sandy.  Ashbritt had subcontracted some of […]

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Court Determines That Property Owner Can Be Held Liable For Fall on Slippery Floor Due To Prior Notice of Condition

By on October 25, 2019 in Negligence with 0 Comments

Plaintiff Ella Jacob slipped on a hallway floor while working for her medical practice employer.  The office had been leased to her employer by the defendant Marlboro Gastroenterology, PC.  (“Marlboro”)  The issue in Jacob v. Marlboro Gastroenterology, P.C., 2019 N.J. Super. Unpub. LEXIS 2164 (App. Div. Oct. 23, 2019) was whether Marlboro could be held responsible […]

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Insured’s Failure To Timely Notify His Auto Insurer Of An Automobile Accident Bars UM Claim Against Insurance Carrier

By on October 18, 2019 in Claims with 0 Comments

On January 4, 2014, plaintiff James Ryan DiMaria (“DiMaria”), a Patterson fire inspector, had an automobile accident with Michelle Rodriguez.  Plaintiff claimed that the accident caused him permanent neck and head injuries.  There was a dispute concerning whether Rodriguez was at fault for this accident.  The issue in DiMaria v. Travelers Insurance Group, 2019 N.J. […]

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University Found Potentially Liable To Roofing Contractor Who Was Injured When He Fell Off The Library Roof

By on October 11, 2019 in Negligence with 0 Comments

Plaintiff, Sonny Cabrera, Jr., an employee of KB Electric Services Company, Inc. (“KB”), was changing lights on top of the University’s library when he fell off the roof because of a loose balustrade and suffered injuries.  The issue in Cabrera v. Fairleigh Dickinson University, 2019 N.J. Super. Unpub. LEXIS 2068 (App. Div. October 8, 2019), […]

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Appellate Division Finds That Homeowner May Be Responsible For Her Sister’s Fall Due to a Negligently Maintained Handrail

By on October 4, 2019 in Negligence with 0 Comments

Plaintiff Dawn O’Neill claimed to have suffered a serious injury when she fell down the exterior steps of her sister’s home due to a negligently maintained handrail.  The trial court had granted summary judgment to the defendants (plaintiff’s sister and her brother-in-law), determining that they did not breach any duty owed to plaintiff and that […]

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Movie Theater Found not Liable for Fall Due to Plaintiff’s Failure to Prove it had Notice of Debris Allegedly Causing the Fall

By on September 27, 2019 in Liability with 0 Comments

Plaintiff, Willy Frankel, and his wife were at the defendant Edgewater Multiplex Cinemas, watching a movie, when he slipped and fell after getting up from his seat when the movie ended.  The issue in Frankel v. Edgewater Multiplex Cinemas, 2019 N.J. Super Unpub. LEXIS 510 (App. Div. March 7, 2019) was whether the plaintiff was […]

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