A Capehart Scatchard Blog

Jury Trials Again Suspended in New Jersey

By on November 20, 2020 in Other with 0 Comments

Not surprisingly, due to the COVID-19 surge of cases, the New Jersey Supreme Court has once again suspended jury trials. They had resumed earlier in the fall on a limited basis as a hybrid with virtual jury selection and socially distanced trials. However, with this second wave of new COVID-19 cases, the Court deemed it […]

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Lost Profits Claim Barred Under New Business Rule

By on November 13, 2020 in Claims with 0 Comments

In the legal malpractice case, Schwartz v. Menas, 2020 N.J. Super. Unpub. LEXIS 2104 (App. Div. Nov. 6, 2020), the Appellate Division was faced with an appeal over whether the trial court properly barred plaintiffs’ expert reports supporting claims for lost profits as too speculative under the “new business rule.” Plaintiff Larry Schwartz and his […]

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No Coverage for Personal Injury Under Loading and Unloading Coverage in Auto Policy When Accident had no Substantial Nexus with Use of Truck

By on November 6, 2020 in Coverage with 0 Comments

Craig Crumley, an employee of Thomas Lindstrom Steel ­& Company (“Lindstrom”), a subcontractor of Plaintiff D’Andrea Construction Company (“D’Angelo”), was injured on a job site while assisting in the retrieval of two old welding machines in helping other employees in the loading and unloading of the new welders. The issue in D’Andrea Construction Co. v. […]

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Residential Owner of Three Family Apartment Building Found Not to be Liable for Fall on Adjoining Public Sidewalk

By on October 30, 2020 in Liability with 0 Comments

Plaintiff Gerard Rienzi, while an inspector for Union City, fell on the public sidewalk in front of the three family apartment building owned by defendant Vincent Giacoman. Plaintiff claimed to have suffered injuries when he fell in a hole in the sidewalk adjacent to Giacoman’s building. The issue in Rienzi v. Giacoman, 2020 N.J. Super. […]

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Plaintiff’s Expert Report Barred Due to Failure to Distinguish Permanent Injury Suffered in Two Consecutive Car Accidents

By on October 23, 2020 in Discovery with 0 Comments

Plaintiff Abigail Perdomo appealed the trial court’s decision barring the expert report of her treating physician, Dr. Wayne Petermann, a chiropractor, as a net opinion.  Plaintiff had been in two different motor vehicle accidents in December, 2010 and, three years later, in November, 2013.  The issue in Perdomo v. Orgacki, 2018 N.J. Super. Unpub. LEXIS […]

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New York Resident Injured As A Pedestrian In A New Jersey Accident Limited To PIP Benefits Under His New York Policy

By on October 16, 2020 in Coverage with 0 Comments

On January 30, 2019, plaintiff, Don Washington, drove his car from his home state of New York to North Bergen, New Jersey.  After shopping and leaving a store, he walked in a crosswalk towards his parked car when he was struck by a vehicle and injured.  The issue in Washington v. Progressive Insurance Company, 2020 […]

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Appellate Division Rejects Ongoing Storm Rule in Second Decision

By on October 9, 2020 in Negligence with 0 Comments

Plaintiff Josselyn Berniz (“Berniz”) worked as a housekeeper for defendants Jeffrey and Aisha Atkins. After cleaning their home, while leaving, she fell on their snow covered driveway.  It was still snowing when she left the defendants’ home. The issue in Berniz v. Atkins, 2020 N.J. Super. Unpub. LEXIS 1900 (App. Div. Oct. 8, 2020) was […]

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Owner of Building May Have Vicarious Liability for Customer’s Injuries from Dog Bite

By on October 2, 2020 in Liability with 0 Comments

Plaintiff Alisette Russo “Russo” was a customer at a jewelry store (Creations by Stefano, Inc.) when she was bitten by the dog owned by defendant Stefano Simone (“Simone”). The building was owned by defendant Platinum Realty Group, LLC (“Realty”). The issue in Russo v. Creations by Stefano, 2020 N.J. Unpub. LEXIS 1615 (App. Div. Aug. […]

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Defendant Underage Adult May Be Held Liable To Third Party Injured Due To Defendant Facilitating The Use Of Alcohol To Underage Adult At His Residence

By on September 25, 2020 in Negligence with 0 Comments

Defendant Mark Zwierzynski (“Zwierzynski”), age 19, permitted his underage adult friends to consume alcoholic beverages in his home. Two of his guests, plaintiff’s decedent Brandon Tyler Narleski (age 19) and plaintiff Nicholas Gomes (age 20) left his home severely intoxicated. Shortly thereafter, Gomes lost control of his vehicle and crashed, causing Narleski’s death. In Estate […]

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Recent Successful Motion to Bar Plaintiff’s Liability Expert as “Net Opinion” Resulting in Summary Judgment

By on September 18, 2020 in Liability with 0 Comments

Our firm recently prevailed on a Motion to Bar the report of a Plaintiff’s Expert as “Net Opinion,” which then led the Court to grant our Motion for Summary Judgment on behalf of our client.  The matter was Broome v. ShopRite of Millville, et al., venued in Cumberland County, Docket No. L-468-18.  This favorable disposition […]

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