A Capehart Scatchard Blog

University Entitled to Charitable Immunity for Injury at Concert

By on July 12, 2019 in Litigation with 0 Comments

Plaintiff, Frances Green (“Green”), sued Monmouth University for injuries she allegedly suffered while attending a Martina McBride concert that was held at the University but was open to the public.  In the published Supreme Court decision of Green v. Monmouth University, 237 N.J. 516 (2019), the issue was whether the defendant University was immune from […]

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Homeowners Displaced Due to Fire May Seek Damages Based Upon Inconvenience Due to Loss of Use of Home

By on June 28, 2019 in Damages with 0 Comments

In the published decision of Certain Underwriters at Lloyds Subscribing to Policy PLH-0013397, as subrogee of Laura Lindsey v. Public Service Electric & Gas, 2019 N.J. Super. LEXIS 88 (App. Div. June 17, 2019), the Appellate Division decided whether homeowners who were displaced due to a fire caused by Public Service Electric & Gas were […]

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Arbitration Clauses: Valid or Invalid?

By on June 20, 2019 in Arbitration with 0 Comments

The answer is “Valid,” thanks to the efforts of Capehart Scatchard shareholder Laura D. Ruccolo, Esq. who won a landmark decision on June 5, 2019, which will impact business entities in New Jersey for many years to come. Who Decides Whether an Arbitration Clause in a Commercial Contract is Valid?   “The arbitrator,” said the New Jersey […]

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Homeowner Found Not Liable for Injuries Suffered from Fall on Sidewalk

By on June 14, 2019 in Liability with 0 Comments

The plaintiff Terry Peifer was walking her dog when she tripped and fell on the sidewalk bordering the front yard of the home owned by defendant Clarence Mesday.  Plaintiff claims to have fallen on a raised sidewalk.  The issue in Peifer v. Mesday, 2019 N.J. Super. Unpub. LEXIS 990 (App. Div. May 1, 2019) was […]

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Defense IME Doctor Found to Be Obligated To Provide Copies of Articles Referred to In His Report

By on June 7, 2019 in Civil Lawsuits with 0 Comments

The plaintiff, Frank Campbell was involved in an automobile accident with a vehicle operated by Joyce Roberts.  Plaintiff claimed that Roberts negligently operated her vehicle and that her negligence was a proximate cause of his accident and his injuries. Plaintiff filed an Underinsured Motorist claim with his insurance company, Allstate Insurance Co. as a result […]

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Legislative Update on Haines v. Taft

By on May 30, 2019 in Claims with 0 Comments

I had previously reported on the Supreme Court case of Haines v. Taft, 237 N.J. 271 (2019) which made inadmissible uncompensated medical expenses incurred as a result of an automobile accident that exceeded the plaintiffs’ $15,000 PIP coverage. After I submitted this article, I discussed with plaintiffs’ counsel whether that decision was specifically limited to […]

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Landlord Found Not Liable to Injured Tenant Who Fell on Ice During Storm

By on May 24, 2019 in Negligence with 0 Comments

Plaintiff, Samir Abdalla, alleged that he slipped and fell on an icy walkway in his apartment complex and suffered a fractured radius in his left arm. He sued his landlord Threegees t/a Monaco Arms, Inc., claiming that the defendant was negligent in failing to clear ice on the sidewalk in the apartment complex. The issue […]

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How Much Time Do I Have to Appeal a New Jersey Civil Court Decision?

By on May 17, 2019 in Litigation with 0 Comments

The time to appeal a New Jersey court decision involving a civil matter will depend upon whether it is an appeal from a trial court decision or an appeals’ court decision.  It will also depend upon whether the appeal is from a final judgment. There is an automatic right of appeal from a final judgment […]

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Plaintiffs May Recover For Diminution of Value of Motor Vehicle Involved In Accident

By on May 10, 2019 in Damages with 0 Comments

In four consolidated cases appealed to the Appellate Division, the Court decided whether the plaintiffs, as motor vehicle owners, may recover for an additional reduction in value when their vehicles have become less desirable for resale due to the stigma of them having been damaged in an accident.  In the published decision of Financial Services […]

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Snow In Progress Defense Upheld By the Appellate Division

By on May 3, 2019 in Negligence with 0 Comments

Plaintiff, Janet Dixon, while leaving work, slipped and fell on a sidewalk due to snow and ice.  It was undisputed that she fell during a snow storm.  In Dixon v. HC Equities Associates, 2019 N.J. Super. Unpub. LEXIS 1005 (App. Div. May 2, 2019), the issue was whether the defendant property owner was liable due […]

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