A Capehart Scatchard Blog

Archive for June, 2014

Plaintiff’s Parking Lot Defect Claim Dismissed

By on June 27, 2014 in Blog, NJ Litigation with 0 Comments
Plaintiff’s Parking Lot Defect Claim Dismissed

Plaintiff Dawn Pintimalli was at the Hamilton Marketplace to shop at the Staples store. She parked her car next to the island. When she returned to her car with her packages, she stepped up onto the curb to put her packages in her car, stepped down onto the parking lot, twisted her right ankle, and […]

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Plaintiff Found to Have Met Portee Observation Standard for Emotional Distress in Son’s Injury

By on June 18, 2014 in Blog, NJ Litigation with 0 Comments
Plaintiff Found to Have Met Portee Observation Standard for Emotional Distress in Son’s Injury

Plaintiff and his stepson, Louis Acerra, were at home and asleep when they were awakened by the sound of a smoke detector alerting them to a fire downstairs. They sought refuge in plaintiff’s bedroom, but then Acerra ran into the hallway filled with smoke and flames. Plaintiff thought Acerra had escaped and proceeded out a […]

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Playing Drums May Constitute Actionable Nuisance

By on June 12, 2014 in Blog, NJ Litigation with 0 Comments

The plaintiff Joanne Traetto lived next door to the defendant whose son played the drums, allegedly at all hours of the day and night. She worked out of her home as a computer analyst and could hear her neighbor’s 15 year old son play his drums in the garage. In Traetto v. Palzzao, 2014 N.J. […]

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Homeowner Found To Have No Liability For Slip On Diving Board

By on June 5, 2014 in Blog, NJ Litigation with 0 Comments
Homeowner Found To Have No Liability For Slip On Diving Board

Plaintiff James Stackhouse went for a swim in the defendant homeowner’s pool upon the invite of the defendant’s son. He slipped on an oily substance on the diving board and hurt his knee. In Stackhouse v. Bryant, 2014 N.J. Super. Unpub. LEXIS 1189 (App.Div. May 23, 2014), he sued the defendant for his injury, claiming that […]

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