A Capehart Scatchard Blog

Neither County, Nor Board Of Education Held Liable For A Student Injured In Gym Class

By on June 26, 2020 in Liability with 0 Comments

Plaintiff Cora Kerton, on behalf of J.R., her minor daughter, filed suit against the County of Hudson and the Board of Education for the Hudson County Schools of Technology, as well as the superintendent and principal of the school, due to an injury that her daughter suffered in gym class.  Her daughter suffered an injury […]

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Divided Supreme Court Finds Employers May Pursue Subrogation for Workers’ Compensation Benefits Paid for Economic Loss Where Employee Did Not Seek or Receive PIP Benefits

By on June 19, 2020 in Awards with 0 Comments

On May 12, 2020, the Supreme Court of New Jersey addressed whether an employer can maintain a subrogation action to recoup workers’ compensation benefits paid for economic loss where (1) its employee is barred from maintaining an action against the tortfeasors due to his election of the limitation-on-lawsuit option in his personal automobile policy; (2) […]

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New Jersey State Courts Gradually Reopening

By on June 12, 2020 in Other with 0 Comments

The New Jersey Supreme Court has approved the first part of the New Jersey Courts Post Pandemic Plan for transitioning from fully remote court operations (Phase 1) to the gradual return to courthouse and court facilities (Phase 2). The courts will begin the implementation of Phase 2 starting on June 22, 2020. Up until June […]

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Target Found Not Liable for Child’s Injury Which Occurred After Fall off Bollard in Front of Store

By on June 5, 2020 in Negligence with 0 Comments

The minor plaintiff, five year old, Vince Costello, was shopping at a Target Store with his aunt, Liza Costello.  After shopping, they were waiting outside the store for a ride home when Vince began playing on top of a red, spherical bollard in front of the store.  After playing for some time, he fell off […]

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County Found Not Liable For Trip Over Pipe Due To Plaintiff’s Failure To Prove Notice

By on May 29, 2020 in Negligence with 0 Comments

Plaintiff Ellen Cavilla tripped over a partially exposed pipe and broke her wrist while fishing in Gaskill Park in April 2015.  She sued Atlantic County for negligence due to her injuries.  The issue in Cavilla v. County of Atlantic, 2020 N.J. Super. Unpub. LEXIS 877 (App. Div. May 11, 2020), was whether a negligence claim […]

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Private Owner Of Parking Lot Leased To Municipality Found Not Liable For Fall On Ice In Lot

By on May 22, 2020 in Negligence with 0 Comments

The plaintiff Richard Underhill parked his car in a municipal parking lot known as the Kaplan Lot located in the Borough of Caldwell.  He walked across the street with his wife and friends to eat dinner at a nearby restaurant.  Upon returning to his parked car, he walked up an internal driveway that connected the […]

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Snow Removal Contractor Found Not To Have Violated Contract For Failure To Add Owner Of Property To Its Liability Policy

By on May 15, 2020 in Court Rulings with 0 Comments

The plaintiff, Donna Michel was walking across the parking lot of the Wayne Towne Center when she was struck by a car operated by Sharon Langel.  At the time of the accident, piles of snow on medians at the end of the rows of the parking spaces in the parking lot allegedly impeded Langel’s visibility […]

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Questions Of Proper Speed And Control Of A Vehicle Found To Be Question Of Fact In Auto Accident Case, Precluding Order For Summary Judgment

By on May 8, 2020 in Court Rulings with 0 Comments

The plaintiff Alma Miley was involved in an automobile accident with the defendant Andrew Friel.  It occurred at an intersection in which plaintiff’s direction of travel was controlled by a stop sign but defendant’s direction of travel was not.  The issue in Miley v. Friel, 2020 N.J. Super. Unpub. LEXIS 57 (App. Div. January 9, […]

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NJ Supreme Court Rules that Landlord Not Responsible for Minor Burned on Apartment Unit’s Radiator

By on May 1, 2020 in Duty of Care with 0 Comments

On March 30, 2010, the minor, J.H., a 9 month old infant, was burned by an uncovered, free-standing cast iron loop radiator in an apartment owned and managed by defendants R&M Tagliareni, LLC and Robert & Maria Tagliareni. His bed was adjacent to a radiator that did not have a cover. His father discovered him […]

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Will New Jersey Business Owners Be Liable If Invitees Contract COVID-19 From Their Business After They Reopen?

By on April 24, 2020 in Duty of Care with 0 Comments

While business owners are likely waiting impatiently to reopen their businesses, what will happen if their invitees (customers, tenants, vendors) who come into their business contract COVID -19 and become sick or die? Could they be subject to being sued for their invitee’s illness or death? As of now, there is no legal protection in […]

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