A Capehart Scatchard Blog

Expert Testimony Needed for Questioning as to Airbag Deployment in Automobile Accident Case

By on November 9, 2018 in Litigation with 0 Comments

In a recently published Atlantic County Law Division case, Taing v. Braisted, 2017 N.J. Super. LEXIS 182 (Law Div. October 23, 2017), Judge Marczyk dealt with the issue as to whether defense counsel can question plaintiff about whether his airbag deployed in his vehicle at the time of the accident. The judge noted that there […]

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Modified Jury Charge Permitted Concerning How to Evaluate Motor Vehicle Damage without Photographs of Vehicles

By on November 2, 2018 in Litigation with 0 Comments

In a published Law Division decision, Abdurraheem v. Koch, 2018 N.J. Super. LEXIS 145 (Law Div. Mar. 19, 2018), the trial judge in an Atlantic County automobile negligence case was asked to modify Model Jury Charge 5.34 “Photographic Evidence in Motor Vehicle Accidents,” when there was testimony as to the damage of the vehicles involved […]

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Judge Charged Wrong Jury Charge for Social Guest Premises Liability Case

By on October 26, 2018 in Liability with 0 Comments

Plaintiff Staci Piech was attending a 40th birthday party hosted by the defendant John Layendecker for his son Glenn Layendecker when she suffered an injury. Glenn was using a hollow metal pipe to strike a piñata, which broke off and struck her arm. She sued both John and Glenn Layendecker for her injuries. As to […]

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Should You Reject a New Jersey Arbitration Award and File a Demand for a Trial De Novo? What Are The Pros and Cons?

By on October 19, 2018 in Arbitration with 0 Comments

In the New Jersey Superior Court, personal injury lawsuits are subject to mandatory arbitration pursuant to Rule 4:21A-1. These suits would include automobile accidents and all other personal injury matters except professional malpractice and products liability lawsuits. Once an arbitration award is entered, a decision needs to be made whether to accept or reject the […]

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Plaintiff Covered by Domestic Partner’s Verbal Threshold Selection in Insurance Policy

By on October 12, 2018 in Civil Lawsuits with 0 Comments

Plaintiff Robert Calderone (“Calderone”) claimed to have been injured as a result of an automobile accident with the defendant Michael DeFeo II (“DeFeo”). After Calderone sued DeFeo for his injuries, the defendant filed a motion for summary judgment, requesting a dismissal on the basis that plaintiff’s injuries did not satisfy the verbal threshold (also known […]

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Attorney’s Fee Award Denied By Federal Court on Basis of Being Outrageously Excessive

By on October 5, 2018 in Awards with 0 Comments

Plaintiff Bernie Clemens was awarded $100,000 in punitive damages under the Pennsylvania Bad Faith Statute in a federal jury trial. He then submitted a petition to the District Court judge for over $900,000 in attorney’s fees from the defendant New York Central Mutual Fire Insurance Company. The District Court denied the petition in its entirety […]

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Court Finds an Unoccupied Two Family Home to Be a Residential Property for Purposes of Determining Liability for a Fall on Adjoining Public Sidewalk

By on September 28, 2018 in Liability with 0 Comments

Defendant Suresh Muthupandi bought a vacant two-family home, intending to rent out one of the dwellings in the building and, because he was having marital problems with his wife and wanted to separate from her, to move into the other dwelling. Before he could move in, in January 2014, the roof of the building collapsed. […]

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Landlord Held Not Liable for Injuries Suffered by Commercial Tenant’s Employee When Tenant Responsible for Maintenance of Premises

By on September 21, 2018 in Liability with 0 Comments

The issue often arises as to who is responsible to an injured plaintiff when the plaintiff falls on leased property – the owner or the tenant? This issue was addressed in Caldas v. Janard Management Services, Inc., 2018 N.J. Super. Unpub. LEXIS 972 (App. Div. April 26, 2018). Plaintiff Juan Caldas was injured at work […]

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The Storm in Progress Exception to a Commercial Landowner’s Responsibility to Keep Its Premises in a Safe Condition

By on September 13, 2018 in Other with 0 Comments

By:  Betsy G. Ramos, Esq and Kristen Mowery A landowner holds the general duty to keep its premises reasonably clear of hazards “for the benefit of business invitees . . . includ[ing] keeping the premises reasonably safe from natural accumulations of ice and snow.” Laine v. Speedway, LLC, 177 A.3d 1227, 1229 (Del. 2018). However, […]

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Landlord May Be Liable to Tenant Injured in The Process of Changing Lightbulb in Ceiling Fixture in Common Hallway

By on September 7, 2018 in Liability with 0 Comments

Plaintiff Evelyn Delgado was injured while trying to change the lightbulb of the ceiling fixture in the entrance hallway leading to her apartment. She tried to change the lightbulb by standing on a stair, leaning over the banister. She lost her balance, fell to the floor, and injured her leg. The issue in Delgado v.  […]

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