A Capehart Scatchard Blog

Archive for October, 2014

Mode-of-Operation Doctrine Applies for Fall at Mall Due to Liquid from a Beverage

By on October 31, 2014 in Blog, NJ Litigation with 0 Comments
Mode-of-Operation Doctrine Applies for Fall at Mall Due to Liquid from a Beverage

In Lebrio v. Pier Shops at Caesar’s, 2014 N.J. Super. Unpub. LEXIS 2319 (App. Div. Sept. 25, 2014), the plaintiff Karen Lebrio injured her knee and back when she slipped and fell while walking in a common area at The Pier Shops at Caesar’s in Atlantic City. The jury awarded her $427,000 for her injuries. […]

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Landlord Found Not to Have Breached Any Duty to Guest of Tenant in Failing to Provide Adequate Security

By on October 24, 2014 in Blog, NJ Litigation with 0 Comments

Melissa Alvarado sued the Blair House, a condominium complex, and its property manager based upon personal injuries she suffered due to the defendants’ alleged failure to provide adequate security while at Blair. One night, she was there to visit her boyfriend at 12:15 am and, while parking her car, was approached by two individuals, Eric […]

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Insurer Not Liable for Attorneys Fees for Failure to Pay Homeowners’ Insurance Claim

By on October 16, 2014 in Blog, NJ Litigation with 0 Comments
Insurer Not Liable for Attorneys Fees for Failure to Pay Homeowners’ Insurance Claim

Plaintiffs Alfio and Jennifer Leone filed a lawsuit against Lantana Insurance Ltd., relating to their claims for coverage under their Homeowners Insurance policy. They claimed that Lantana wrongfully denied their claim for wind damage to their home incurred during Hurricane Sandy. In Leone v. Lantana Insurance Ltd., 2014 U.S. Dist. LEXIS 121873 (D.Ct. Sept. 2, […]

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Insurance Carrier Not Permitted to Vacate Default Against Insured Entered Two Years After Notified of Lawsuit

By on October 10, 2014 in Blog, NJ Litigation with 0 Comments

In Marciante v. Huezo, 2014 N.J. Super. Unpub. LEXIS 2281 (App. Div. Sept. 19, 2014), ARI Mutual Insurance Co. (“ARI”) tried to vacate a default entered against its insured more than one year after a default judgment was entered against its insured and three years after the insured was served with the lawsuit. The plaintiff […]

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Parents Not Entitled to Pursue Claim for Loss of Consortium of Minor Child Injured in Escalator Accident

By on October 3, 2014 in Blog, NJ Litigation with 0 Comments
Parents Not Entitled to Pursue Claim for Loss of Consortium of Minor Child Injured in Escalator Accident

Juan and Nora Valdez filed a lawsuit in federal court against defendants Macy’s and Thyssenkrupp Elevator America, Inc. due to the personal injuries suffered by their 10 year daughter whose right foot and leg got trapped in an escalator while visiting a Macy’s store. J.V. by her GAL Juan Valdez v. Macy’s, Inc., 2014 U.S. […]

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