A Capehart Scatchard Blog

New Jersey Supreme Court Adopts “Ongoing Storm” Rule with Limited Exceptions

By on June 18, 2021 in Negligence with 0 Comments

In a June 10, 2021 opinion written in Pareja v. Princeton International Properties, Inc., 2021 N.J. LEXIS 549 (2021), the New Jersey Supreme Court adopted the “Ongoing Storm” Rule, which should be very useful to the defense bar in pursuing Summary Judgment as to claims arising out of slip and fall events that take place […]

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Appellate Division Issues Ruling Explaining Distinction Between Motions for Reconsideration of an Interlocutory Order Versus a Final Order

By on June 11, 2021 in Court Rulings with 0 Comments

In the published Appellate Division decision of Lawson v. Dewar, 2021 N.J. Super. LEXIS 69 (App. Div. May 27, 2021), the Court addressed the “commonly misunderstood distinctions” between motions seeking reconsideration of final orders and motions seeking reconsideration of interlocutory orders.  This case concerns a complaint by the plaintiff Alfred Lawson against the Borough of […]

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New Jersey Rescue Doctrine Does Not Apply To Rescue Of Pet Owned By Defendants

By on June 4, 2021 in Negligence with 0 Comments

Plaintiff Ann Samolyk almost drowned when she tried to rescue a dog owned by defendants Ilona and Robert Destefinis that had wandered into a canal between their respective homes in Forked River, New Jersey.  After trying to rescue the dog, Ann was found unconscious on a “floating dock” and suffered “debilitating brain damage.” In the […]

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New Jersey Appellate Division Upholds Dismissal Of Civil Complaint, Dismissed Four Years Earlier Due To Lack Of Prosecution

By on May 28, 2021 in Court Rulings with 0 Comments

Plaintiff Maria Santiago was involved in a car crash in Paterson, New Jersey on June 27, 2013 with a car driven by Defendant Castillo-Almonte and owned by Defendant Cepeda.  She timely filed a personal injury lawsuit, suing both the driver and the owner of the vehicle involved in the collision, and was able to serve […]

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Mode of Operation Doctrine Does Not Apply to Fall on a Grape Sold in Clamshell Case

By on May 21, 2021 in Liability with 0 Comments

Plaintiff Aleice Jeter slipped and fell on a grape in the aisle of the defendant Sam’s Club East, LP, Linden store and filed a lawsuit to recover damages for her neck and back injuries.  She relied upon the mode of operation doctrine, which she contended excused her from establishing that the defendant had actual or […]

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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 […]

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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 […]

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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 […]

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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 […]

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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, […]

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