Orthopedist Found Not To Be Qualified To Testify As To Mechanism Of Personal Injury
Plaintiff Jason Rodriguez was injured in a rear end collision and sued the other driver, defendant Faith Sheppard. Liability was conceded and a jury trial was held as to damages only. The issue in Rodriguez v. Mueller, 2019 N.J. Super Unpub LEXIS 1783 (App. Div. August 15, 2019), was whether the plaintiff had suffered sufficient […]
Supreme Court Finds That Defendant Employee Was Not Obligated To Report That His Co-Worker Was Engaged In Sexual Relationship With Minor
When minor Plaintiff G.A.H. was 15 years old, she began a sexual relationship with the defendant “Kenneth” when he was 44. During the time period of this illegal relationship, Kenneth worked for defendant GEM Ambulance LLC (“GEM”) as an EMT. The issue in the New Jersey Supreme Court case of G.A.H. v. K.G.G., 2019 N.J. […]
Court Finds NJ Restrictive Covenant Agreement Enforceable As to Sales Representatives
In six consolidated cases, six former employee defendants were sued by their former employer ADP, LLC (“ADP”) for violating their respective Restrictive Covenant Agreements with ADP. Each of the defendants had been a top performing sales representative for ADP and had accepted the Restrictive Covenant in exchange for participating in a stock award incentive program. […]
Non-Profit Residential Drug Treatment Facility Found Not to Be Entitled to Charity Immunity for Injuries Suffered from Fall
The plaintiff, F.K. was a resident at the defendant Integrity House residential drug treatment facility in Newark. He claimed to have suffered personal injuries when he slipped and fell due to a wet condition on an interior staircase within the facility. Plaintiff sued defendant Integrity House, alleging that it was negligent in the maintenance of […]
Owner of Commercial Property With Triple Net Lease Agreement Found Not To Be Liable For Fall on Sidewalk
Plaintiff Edna Albert slipped and fell on a sidewalk outside a Pathmark grocery store and suffered personal injuries. The Pathmark had leased the premises from Klingensmith Associates, LLC (“Klingensmith”). The issue in Albert v. Pathmark Stores, Inc., 2019 N.J. Super Unpub. LEXIS 1586 (App. Div. July 10, 2019), was whether the commercial landowner, Klingensmith, who […]
University Entitled to Charitable Immunity for Injury at Concert
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 […]
Homeowners Displaced Due to Fire May Seek Damages Based Upon Inconvenience Due to Loss of Use of Home
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 […]
Arbitration Clauses: Valid or Invalid?
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 […]
Homeowner Found Not Liable for Injuries Suffered from Fall on Sidewalk
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 […]
Defense IME Doctor Found to Be Obligated To Provide Copies of Articles Referred to In His Report
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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