A Capehart Scatchard Blog

Does New Jersey Permit Recording of Defense IME’s?

By on April 18, 2019 in Other with 0 Comments

Under New Jersey Court rules, when a plaintiff has made a claim for personal injuries, the adverse party may require that the plaintiff submit to a physical or mental examination pursuant to R. 4:19.  The issue sometimes arises as to whether the defense medical examination may be recorded or attended by a representative of the […]

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Appellate Division Rules that the Workers’ Compensation Act Bars Lawsuit against Firefighter for Firecracker Prank, as it was not an Intentional Wrong

By on April 12, 2019 in Liability with 0 Comments

Plaintiff Raymond Johns, a firefighter for the City of Linden, suffered injuries when he sat on a firecracker that was placed on a toilet seat as a prank by a fellow firefighter, Thomas Wengerter. In Johns v. Wengerter, 2019 N.J. Super. Unpub. LEXIS 730 (App. Div. April 1, 2019), the issue was whether Wengerter’s act […]

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Appellate Division Rules on Amount of Attorneys Fee Permitted in Lien Reimbursement to Workers’ Compensation Carrier in High Third Party Settlements

By on April 5, 2019 in Settlements with 0 Comments

There has been a longstanding dispute as to the amount of the attorney’s fee permitted in calculating the lien reimbursement due to the workers’ compensation insurance carrier in high third party settlements (i.e., those that exceed $500,000). This dispute was recently resolved in the reported Appellate Division decision of Liberty Mutual Insurance o/b/o Sabert Corporation […]

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Supreme Court Rules that Plaintiffs Injured in Auto Accident are Barred from Recovering Medical Expenses Less Than $250,000 Statutory Amount Regardless of PIP Coverage Selected

By on March 29, 2019 in Claims with 0 Comments

In Haines v. Taft, 2019 N.J. LEXIS 441 (March 26, 2019), in a split decision, the New Jersey Supreme Court reversed the Appellate Division and found that plaintiffs, who elected a $15,000 PIP coverage, were barred from seeking to recover the amount of their outstanding medical expenses, incurred as a result of an automobile accident, […]

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Chiropractor’s Report Barred in Automobile Accident Case Due to Inability to Distinguish Between Lumbar Permanency Plaintiff Suffered in Two Different Accidents

By on March 18, 2019 in Permanency with 0 Comments

Plaintiff Abigail Perdomo claimed to have suffered a lumbar injury causing two disc bulges at L4-5 and L5-S1 in a December 2010 automobile accident. Thereafter, in November 2013, plaintiff was again in an automobile accident and testing showed that she had the same two bulging discs. In Perdomo v. Orgacki, 2018 N.J. Super. Unpub. LEXIS […]

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Expert Testimony Not Needed to Substantiate Pecuniary Value of Loss of Child’s Advice, Guidance, and Companionship in Wrongful Death Action

By on March 15, 2019 in Wrongful Death with 0 Comments

This case arises from a tragic highway collision in which the defendant Stephen Rando’s SUV fatally struck the plaintiff’s son, Patrick Dutton, as he was riding his bicycle. The jury found that the defendant was 60% responsible for the accident while the plaintiff’s son Patrick was 40% responsible. The jury awarded the plaintiff, Patrick’s mother, […]

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Retailer Found Not Liable for Fall in Parking Lot Due to Snow and Ice Based Upon Ongoing Snowstorm

By on March 8, 2019 in Negligence with 0 Comments

Plaintiff Folusho Oyebola fell in the Walmart parking lot during a snowstorm and sued Wal-Mart Stores, Inc. and Tree Fellas, LLC, Walmart’s snow contractor, for her injuries. In Oyebola v. Wal-Mart Stores, Inc., 2019 N.J. Super. Unpub. LEXIS 432 (App. Div. Feb. 25, 2019), the issue was whether either defendant breached a duty of care […]

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Plaintiff’s Counsel Barred from Asking Plaintiff at Trial Whether Passenger in His Vehicle Suffered an Injury

By on March 1, 2019 in Civil Lawsuits with 0 Comments

Plaintiff Haroon Rashid claimed to have suffered an injury while working as a jitney driver when his vehicle was struck on the passenger side by defendant’s vehicle shortly after plaintiff picked up passengers from a local casino. One of the passengers was thrown from her seat, injured, and taken to the hospital by ambulance. In […]

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Food Poisoning Claim Against Restaurant Dismissed Due to Lack of Proof

By on February 22, 2019 in Claims with 0 Comments

Plaintiff Kathleen Nicholson and John Nicholson sued the Outback Steakhouse (“Outback”) after Kathleen became ill after eating at the Outback. She claimed that her dinner at the Outback was the source of the Salmonella bacteria that caused her illness. In Nicholson v. Bloomin Brands, Inc., 2018 N.J. Super. Unpub. LEXIS 1817 (App. Div. July 30, […]

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Plaintiff’s Personal Injury Claim Arising from Auto Accident Barred Due to His Inability to Establish a Permanent Injury as Required by Verbal Threshold Law

By on February 15, 2019 in Claims with 0 Comments

Plaintiff Hector Reyes claimed to have suffered personal injuries as a result of an automobile accident with defendant John Stanley. Plaintiff’s automobile insurance policy contained the limitation on lawsuit option (i.e., “verbal threshold”) which limited his ability to sue for noneconomic damages (i.e., his pain and suffering) under the Automobile Insurance Cost Reduction Act, specifically […]

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