A Capehart Scatchard Blog

New Jersey Revamps Its Offer of Judgment Rule

By on September 23, 2022 in Other with 0 Comments

The New Jersey Offer of Judgment Rule permits any party to make an “offer to take judgment” either in the party’s favor (if a plaintiff) or against the offeror (if a defendant). The rationale for this rule is to encourage and facilitate a settlement because of the consequences of non-acceptance of the offer. Pursuant to […]

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Plaintiff’s Underinsured Motorist Claim Barred Due to a Failure To Purchase a New Jersey Automobile Insurance Policy

By on September 16, 2022 in Coverage with 0 Comments

In 2016, the plaintiff Juan Guiterrez-Ganan was injured in an auto accident when his car was struck by a car driven by an underinsured motorist.  Plaintiff sued his automobile insurance company, defendant Allstate Insurance Company, to collect underinsured motorist benefits for his claimed injuries and losses from the automobile accident.  The issue in Guiterrez-Ganan v. […]

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Mode of Operation Rule Does Not Apply to Fall From Liquid on Floor Allegedly Resulting From a Water Bottle Spill

By on September 9, 2022 in Negligence with 0 Comments

The plaintiff Bridgett Knight alleged that she slipped and fell near the exit door of the defendant Family Dollar Stores as a result of liquid that she claimed emanated from a bottled beverage located in a self-service refrigerator near the cash register.  The plaintiff contended that the mode of operation doctrine should apply to this […]

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Insufficient Basis Found to File Late Tort Claim Notice in COVID-Related Death

By on September 2, 2022 in Court Rulings with 0 Comments

Plaintiff’s deceased husband Bernard Waddell contracted COVID-19 in March 2020 while he was working as a Corrections Officer at the Hudson County Correctional Center.  He died from viral pneumonia secondary to COVID-19 on April 1, 2020.  Plaintiff, Sheliah Waddell, Bernard’s wife filed a Notice of Tort Claim in November 2020 and thereafter filed a motion […]

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Masking and Social Distancing Requirements to be Concluded in New Jersey Civil Courts

By on August 26, 2022 in Other with 0 Comments

The New Jersey Supreme Court has issued a new order, concluding its order that required all participants in jury proceedings to maintain three feet of social distancing, as well as wear a mask. This order will be effective on September 1, 2022. Jurors will continue to begin their jury service virtually and, at that time, […]

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New Jersey Enacts New Automobile Insurance Law Raising Minimum Amounts of Liability Insurance Required

By on August 19, 2022 in Insurance with 0 Comments

Just signed into law on August 5, 2022, by Governor Murphy, is a new law raising the minimum policy amounts of automobile insurance that must be provided for automobiles registered or principally garaged in the State of New Jersey. Previously, the minimum automobile insurance policy limit for a policy of insurance (except for a basic […]

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Plaintiffs Relying on the Doctrine of Res Ipsa Loquitur Must Establish That Their Own Conduct Was Not the Cause of Their Injuries

By on August 11, 2022 in Negligence with 0 Comments

By: Patrick J. Graham, Esq. Editor: Betsy G. Ramos, Esq. Plaintiff, Gladys Bednarko, sued Defendant, Ben’s Bagel Barn after she was hit on the back of her right foot by Defendant’s front door that she alleged closed “too fast” behind her. Specifically, Plaintiff alleged that upon leaving Defendant’s store front, she pushed open the front […]

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No Requirement to Provide Comparative Analysis of Injuries Suffered in Two Different Accidents When Plaintiff Did Not Plead Aggravation of Injuries

By on August 5, 2022 in Court Rulings with 0 Comments

Plaintiff Jeffrey Wichot sued Defendant for emotional injuries suffered from a car kidnapping that occurred in 2012. Plaintiff had previously suffered a horrific injury as a young boy in 2002 which resulted in a traumatic brain injury. One of the issues in Wichot v. Allstate N.J. Prop. & Cas. Ins. Co., 2021 N.J. Super. Unpub. […]

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Court Refuses to Apply Mode of Operation Doctrine to Landlord/Tenant Slip and Fall Case

By on July 29, 2022 in Negligence with 0 Comments

Plaintiff Atef Kamel slipped and fell down steps in his apartment building’s stairwell while he was taking out his recycling.  He claimed that his slip and fall was caused by a combination of an unknown, oily liquid on the floor and a broken light in the stairwell.  The issue in Kamel v. Panyork Group, 2022 […]

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Minority Statute of Limitations Tolling Held to Be Inapplicable to Suits Brought on Behalf of Minor Decedents or Their Estates

By on July 21, 2022 in Statute of Limitations with 0 Comments

By: Angela Reading, Law Clerk Editor: Betsy G. Ramos, Esq. On July 14, 2022, the New Jersey Appellate Division in Monk v. Kennedy Univ. Hosp., Inc., 2022 N.J. Super. LEXIS 101 (App. Div. July 14, 2022), issued a published decision, holding that the minority tolling provision in N.J.S.A. 2A:14-2(a), which allows minors to file medical […]

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