A Capehart Scatchard Blog

Statute of Limitations in Construction Defect Case Accrues When Original or Subsequent Owners Knew of Basis or Should Have Known of Basis For Claim

By on September 22, 2017 in Court Rulings with 0 Comments

In a recent New Jersey Supreme Court case, The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, 2017 N.J. LEXIS 845 (2017), the Court was asked to rule on when the statute of limitations accrued in a construction defect property damage case. The plaintiff Association filed suit against the general contractor […]

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Personal Injury Claim Barred by Charitable Immunity Defense

By on September 15, 2017 in Court Rulings with 0 Comments

Plaintiff Sabrina Losada filed suit against Princeton University and the Princeton Tigers Aquatic Club (“PTAC”) for injuries she suffered while attending her daughter’s swim meet. She claimed that she fell in a depression next to a walkway adjacent to the Princeton University building where the pool was located. In Losada v. Princeton University, 2017 N.J. […]

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Plaintiff not Considered Uninsured While Principally Garaging His Motor Vehicle in NJ but Insuring the Vehicle in His Home State of Louisiana

By on September 8, 2017 in Coverage with 0 Comments

In a novel decision, Ledet v. Oller, No. HUD L-2772-16  (Law Div. Aug. 28, 2017),  the court was asked to decide if the plaintiff was considered to be “culpably uninsured” if his motor vehicle was principally garaged in New Jersey while he attended graduate school but insured and registered in his home state of Louisiana. […]

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Defendant Barred from Suing Public Entity Due to Failure to File Timely Tort Claims Act Notice

By on September 1, 2017 in Court Rulings with 0 Comments

On July 27, 2017, the New Jersey Supreme Court decided important issues concerning the ability of a defendant to sue a public entity in a third party claim.  In the case of Twanda Jones v. Morey’s Pier, 2017 N.J. LEXIS 812 (July 27, 2017), the Supreme Court decided that a defendant is barred from asserting […]

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Defense Doctor Permitted to Testify as to Lack of Necessity of Plaintiff’s Surgical Procedures Despite Failing to Include that Opinion in his Report

By on August 25, 2017 in Court Rulings with 0 Comments

Plaintiff Silvano Collado was rear-ended by defendant Eli Salzman while driving a min-commuter bus in Jersey City, New Jersey. Defendant stipulated to liability and the matter proceeded to a damages only trial. In Collado v. Salzmann, 2017 N.J. Super. Unpub. LEXIS 2144 (App. Div. Aug. 22, 2017), the plaintiff appealed the no cause entered against […]

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Personal Injury Suit Remanded Back to State Court Due to Failure to Meet Monetary Threshold for Federal Diversity Jurisdiction

By on August 18, 2017 in Court Rulings with 0 Comments

Plaintiff Maria Nalbone, age 87 years old, fell in her room in the Mirage Casino in Las Vegas. She injured one of her ribs due to the fall. In Nalbone v. The Mirage Casino-Hotel, 2017 U.S. Dist. LEXIS 117463 (D.N.J. July 25, 2017), plaintiff argued that the matter did not meet the threshold value of […]

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New Jersey Court Permits Service of Process through Facebook

By on August 11, 2017 in Court Rulings with 0 Comments

If a plaintiff is unable to serve a complaint through personal service and is unable to locate a valid address for the defendant, what alternative means of service are available to plaintiff? That was the issue faced by plaintiffs in K.A. v. J.L., 450 N.J. Super. 247 (Ch. Div. 2016). In a published decision, approved […]

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Plaintiff’s Bodily Injury Claim Due to Fall from Water on Floor Dismissed

By on August 4, 2017 in Court Rulings with 0 Comments

Plaintiff Cameron Smith was shopping at defendant Walmart’s store at 9:45 pm when she slipped and fell on water inside the store. She landed on her right hip, sustaining injuries. In Smith v. Walmart Stores, Inc., 2017 N.J. Super. Unpub. LEXIS 1964 (App. Div. July 31, 2017), she claimed the defendant store failed to exercise […]

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Homeowners Found Not Liable for Guest Who Drowned in Their Pool

By on July 28, 2017 in Liability with 0 Comments

Defendants Doris and James Astacio permitted Doris’ sister and brother-in-law, Diana and Jason Adams, to host a sixteenth birthday party for their son at their home. Dafiq Rasheed, an adult guest, drowned in their pool and his father filed a negligence action against the defendants for a survivorship claim and a wrongful death claim on […]

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Plaintiff’s Liability Release Bars Her Personal Injury Claim Against Health Club

By on July 21, 2017 in Liability with 0 Comments

By: Jack Hagerty, Law Clerk Editor: Betsy G. Ramos, Esq. Less than three months after joining Eclipse Sports and Wellness, gym member Maria Pulice was injured at the club when a ten-pound dumbbell fell on her face as her trainer, Oscar Cortes, whom she hired through the club, was handing it to her to perform […]

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