A Capehart Scatchard Blog

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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Expert Needed to Prove Amount of Property Damage for Fire Loss

By on August 31, 2018 in Claims with 0 Comments

Plaintiff V&C Liquors, Inc. made a claim against PSE&G for fire damage to its Newark liquor store. At trial, PSE&G was found 100% liable by the jury and V&C was awarded $200,000 for property damage and $14,700 for lost rent. The trial court judge had permitted V&C’s principal to testify to the amount of the […]

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No Attorney’s Fees Permitted Under Offer of Judgment Rule When not Preserved Under High-Low Agreement

By on August 24, 2018 in Awards with 0 Comments

Plaintiff Lucia Serico filed a motion for attorney’s fees following a jury trial in a medical malpractice case based upon an offer of judgment she had made before the trial. While the jury was deliberating, she entered into a high-low agreement with the defendant. When the jury returned a verdict of $6 million, which was […]

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Offer of Judgment Sanctions Found Inapplicable in Multidefendant Case

By on August 17, 2018 in Litigation with 0 Comments

Plaintiff Josh Willner suffered an injury while climbing a rock climbing wall that was owned by his employer (Ivy League Day Camp). He sued the camp, the manufacturer of wall and parts in the wall (Vertical Reality, Inc. and ASCO Numatics) under product liability theories. Before trial, he made a single offer of judgment as […]

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