A Capehart Scatchard Blog

Plaintiff’s Slip And Fall Claim Dismissed Due To Her Failure To Prove Store Had Notice Of Water On Floor

By on October 22, 2021 in Negligence with 0 Comments

Plaintiff Maria Quinones slipped and fell on water on the floor of Kohl’s Clifton store.  She fell on water, described as a two foot long strip of water, as she was walking towards the checkout lane to get in line.  The issue in Quinones v. Kohl’s Department Stores, Inc., 2021 N.J. Super Unpub. LEXIS 2067 […]

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NJ Supreme Court Grants Certification in Mode of Operation Case

By on October 15, 2021 in Liability with 0 Comments

I had previously reported on the case of Jeter v. Sam’s Club, 2021 N.J. Super. Unpub. LEXIS 919 (App. Div. May 17, 2021) in which the Appellate Division had affirmed a summary judgment ruling, dismissing a personal injury lawsuit arising from a slip on a grape which was sold in a clamshell case by the […]

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Survivor’s Act Claim Barred Due To The Failure To Timely Appoint A General Administrator Of The Deceased Plaintiff’s Estate

By on October 8, 2021 in Claims with 0 Comments

This matter arises from an automobile accident on December 21, 2016 when the decedent, Joseph Chandler, was struck by an automobile driven by defendant Todd Kasper.  The decedent suffered significant injuries and passed away six days later.  The decedent’s daughter, Damaris Chandler, obtained an appointment as Administrator Ad Prosequendum but was not appointed as General […]

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Neither Wawa, Nor The State Held Liable For Accidents That Occurred Due To Drivers Making An Illegal Left Turn Into A Wawa Driveway

By on October 1, 2021 in Negligence with 2 Comments

In a published decision, the Appellate Division considered appeals from two cases involving motor vehicle accidents that occurred about one year apart at about the same location under similar circumstances.  In both cases, a driver traveling westbound on Route 322 in Folsom, New Jersey made an illegal left turn in the direction of one of […]

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Governor Murphy Signs Into Law New Automobile Policy Limits Disclosure Law

By on September 24, 2021 in Insurance with 0 Comments

On July 22, 2021, New Jersey Governor Murphy signed legislation which requires the disclosure of the policy limits of a private passenger automobile insurance policy to a New Jersey admitted attorney representing an insured injured in a motor vehicle accident.  This new law requires a written disclosure of the policy limits to the attorney no […]

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Mode Of Operation Doctrine Not Applied To A Fall At Restaurant Due to A Greasy Food Wrapper

By on September 17, 2021 in Civil Lawsuits with 0 Comments

Plaintiff Francine Latorraca fell while a customer at a McDonalds restaurant and suffered an injury.  She claims to have fallen as a result of a greasy food wrapper on the floor near the front register. The issue in Latorraca v. Aladyn, Inc., 2021 N.J. Super. Unpub. LEXIS 998 (App. Div. May 25, 2021) was whether […]

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Due To Lack Of Notice Of Buckled Rug, Casino Hotel Found Not Liable For Plaintiff’s Trip And Fall Over Rug

By on September 10, 2021 in Negligence with 0 Comments

Plaintiff Denean Davis was gambling at defendant’s casino in Atlantic City.  After gambling for about an hour, plaintiff left the building to take a phone call.  When she exited the building, the mat in front of the door was flush against the ground.  Forty-two seconds later when she reentered the building, the rug was “buckled,” […]

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Plaintiff’s Burn Claim from Hot Marinara Sauce Not Barred Due to Disposal of Marinara Sauce Container

By on September 3, 2021 in Negligence with 0 Comments

Plaintiff Martha Valdez ordered pizza and mozzarella sticks from the defendant Brooklyn’s Coal Burning Brick Oven Pizzeria.  After purchasing the food, she returned to her car with her husband and he gave her the bag containing the mozzarella sticks and marinara sauce and she put the bag on her lap.  After driving to the home […]

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General Contractor Found Not to Be Liable for Injury To Subcontractor’s Employee at Job Site

By on August 27, 2021 in Negligence with 0 Comments

The defendant Louis Gargiulo Company, Inc. (“Gargiulo”) was hired as a general contractor to perform certain work at the Hudson County Schools of Technology (“HCST”).  Defendant Gargiulo hired Adamo Brothers Construction (“Adamo”) as its subcontractor to perform a portion of the removal and replacement of concrete at HCST.  Plaintiff Luis Alfredo Sutuj, an Adamo employee, […]

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PIP Carrier Not Entitled To Subrogate Against Health Insurance Carrier For Medical Expenses Paid In Error

By on August 20, 2021 in Claims with 0 Comments

Palisades Insurance Company (“Palisades”) filed a claim for reimbursement against Horizon Blue Cross Blue Shield of New Jersey (“Horizon”) to obtain recoupment for health insurance benefits it paid to 4 insureds who were involved in automobile accidents and received treatment.  Palisades contended that it made those payments in error because the insureds had designated Horizon […]

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