A Capehart Scatchard Blog

Archive for April, 2015

PIP Carrier’s Claim Petition Is Rejected for Failure to Show Work Connection

By on April 24, 2015 in Blog, NJ Litigation with 1 Comment

This week’s article is a guest feature by my workers’ compensation department partner, John H. Geaney, Esq. What can a PIP carrier do when it believes the bills it has paid arise from a workers’ compensation case but the injured party has never filed a claim?  In New Jersey, the PIP carrier has a right […]

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Owner-Occupier of Three Family Home Found Not Liable for Personal Injury Claim from Sidewalk Slip and Fall

By on April 17, 2015 in Blog, NJ Litigation with 0 Comments

In Zheng v. Santos, 2015 N.J. Super. Unpub. LEXIS 331 (App. Div. Feb.23, 2015), the issue was whether the defendant homeowners Abelardo and Prescilla Santos had tort liability for the personal injury of the plaintiff Pin Lan Zheng resulting from her slip and fall due to snow and ice on the public sidewalk in front […]

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Restaurant Found Not Liable for Patron Whose Face was Burned by Leaning over Sizzling Plate of Food

By on April 10, 2015 in Blog, NJ Litigation with 0 Comments
Restaurant Found Not Liable for Patron Whose Face was Burned by Leaning over Sizzling Plate of Food

Plaintiff Hiram Jimenez ordered a steak fajita at Applebee’s. His food was brought to him in a sizzling skillet. After the waitress walked away, he bowed his head close to the table over his food to pray and grease from the food popped up and burned his face, neck, and arms. In  Jimenez v. Applebee’s […]

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Expert Witness May Not Be Questioned About Whether His Findings Are Consistent With Report of Non-Testifying Expert

By on April 3, 2015 in Blog, NJ Litigation with 0 Comments

In James v. Ruiz (App. Div. March 25, 2015), the plaintiff was injured in an automobile accident and sued the other driver. The key issue was whether he suffered a permanent injury so as to meet the verbal threshold. Both sides presented competing expert testimony on that question. The plaintiff had a CT scan of […]

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