A Capehart Scatchard Blog

Resumption of In-Person New Jersey Trials

By on May 14, 2021 in Other with 0 Comments

On May 11, 2021, the New Jersey Supreme Court issued an Order authorizing the resumption of in-person criminal jury trials and some in-person civil jury trials, effective on or after June 15, 2021.  Criminal jury trials will be conducted in person and be given the highest priority.  Most civil jury trials will continue to be […]

Share

Continue Reading »

Plaintiff’s NJ Lawsuit Dismissed Due To Inability To Describe Cause Of Trip And Fall

By on May 7, 2021 in Negligence with 0 Comments

Plaintiff Evangelos Vassilakis sued defendants Thomas Kelly and Bonita Duffy, the owners of the property where plaintiff was a tenant, and also sued the owners of the property next to plaintiff’s apartment due to injuries suffered in a fall.  Plaintiff claimed that he was injured when he fell on the defendants’ property.  The issue in […]

Share

Continue Reading »

County Not Entitled To Indemnification For Accident Caused By Its Own Negligence

By on April 30, 2021 in Negligence with 0 Comments

Plaintiff Matthew Domenick tripped and fell while playing a softball game at Johnson Park in Piscataway.  As sponsor of the softball league, defendant Brian Melnick obtained a permit from the defendant County of Middlesex.  Melnick signed the County’s rules and regulations which contained a hold harmless agreement, requiring indemnification for claims arising from the conduct […]

Share

Continue Reading »

Under New Jersey Law, City Has No Liability For Plaintiff’s Injury Due To Fall On Snow In Street

By on April 23, 2021 in Liability with 0 Comments

In March 2015, plaintiff Donell Prince left his rooming house where he lived and noticed that there was snow on the common walkways of the rooming house property and the adjoining public sidewalks.  Plaintiff decided to walk in the street because snow had been plowed from the street into the sidewalks.  He fell and landed […]

Share

Continue Reading »

Homeowner Not Responsible For Plaintiff’s Injury From Trip Over Raised Sidewalk Due To Tree Root

By on April 16, 2021 in Negligence with 0 Comments

Plaintiff, Sevim Temiz, while walking past her neighbor’s residential property in Paramus, tripped over a raised portion of the sidewalk and fell.  She filed a lawsuit alleging that the defendants Ghanshyam Patel and Bijal Patel negligently maintained their property.  The issue in Temiz v. Patel, 2021 N.J. Super. Unpub. LEXIS 604 (App. Div. April 12, […]

Share

Continue Reading »

Plaintiff Able To Assert Negligent Infliction Of Emotional Distress Claim Against Vet For Decapitating Deceased Cat To Perform Rabies Test

By on April 9, 2021 in Negligence with 0 Comments

Plaintiff Mario Quesada brought his sick cat Amor to the defendant veterinarian Red Bank Veterinary Hospital where he was diagnosed with saddle thrombus which necessitated euthanization of the cat. Plaintiff was overcome with emotion and was permitted to say goodbye to Amor. During the euthanization process, the cat bit one of the nurses and the […]

Share

Continue Reading »

Borough Found Not Liable For Slip And Fall Injury Due To Alleged Depression In Grassy Area Of Municipal Park

By on April 2, 2021 in Negligence with 0 Comments

Plaintiff Suzanne Pagonis tripped and fell while walking across a grassy field at the Crestwood Lake Club, which was a recreational lake swimming complex owned by defendant Borough of Allendale and encompassed a municipal park, Crestwood Park.  Her daughter had participated earlier in the day in a softball tournament at the Club’s facilities.  Plaintiff fell […]

Share

Continue Reading »

Slip And Fall Plaintiff Not Required To Prove Notice Of Dangerous Condition If Created By Defendant

By on March 26, 2021 in Negligence with 0 Comments

The plaintiff Thomas Seeley was injured at Bally’s Casino when he slipped and fell in the public men’s restroom.  He had not noticed the moisture on the floor before he fell.  The issue in Seeley v. Caesars Entertainment, 2021 N.J. Super. Unpub. LEXIS 446 (App. Div. March 18, 2021), was whether the testimony that the […]

Share

Continue Reading »

Commercial Landowner Found Potentially Liable For Fall Occurring on Grassy Area Between the Sidewalk and Curb

By on March 5, 2021 in Liability with 0 Comments

Plaintiff Quinisha White fell in front of a commercial property while walking from her house to a car in the street.  She had stepped into the grassy area between the sidewalk and the curb and lost her balance due to an uneven decline by the curb.  She sued the owner of the property, defendant Magyar […]

Share

Continue Reading »

Retail Store Found To Be Potentially Liable For Trip And Fall Caused By Gap Between Escalator Platform And Floor

By on February 26, 2021 in Negligence with 0 Comments

Plaintiff Arcelie Williams was injured while shopping at the defendant J.C. Penney store.  While on the second level of the store, she attempted to use the escalator to go down to the first level but her foot caught on a metal platform that was immediately in front of and connected to the escalator.  She fell […]

Share

Continue Reading »

Top