Archive for April, 2016
Defendants Not Responsible for Damage to Neighbors’ Retaining Wall Caused by Roots of Tree They Did Not Plant
Plaintiff Edward Scannavino claimed that defendants Marie and Everett Walsh allowed the roots of trees on their property to damage a retaining wall between their properties. The trial court found that because the defendants did not plant or preserve the trees, they were a natural condition for which defendants were not liable and dismissed the […]
Damage to Commercial Building Barred by Wear and Tear Exclusion in Insurance Policy
A common exclusionary clause in a property damage policy is an exclusion for damage or loss caused by “wear and tear.” In Lam Inv. Research, LLC v. Public Serv. Mut. Ins. Co., 2016 U.S. Dist. LEXIS 45116 (D.N.J. April 1, 2016), the District Court of New Jersey interpreted such a clause in the context of claimed damage […]
Church Found Immune from Liability for Fall on Sidewalk
Plaintiff Elizabeth Rockhill slipped and fell on a sidewalk adjacent to the property owned by the Grace Orthodox Presbyterian Church. She sued the church, alleging that it negligently maintained the sidewalk and that was the cause of her injuries. In Rockhill v. Grace Orthodox Presbyterian Church, 2016 N.J. Super. Unpub. LEXIS 683 (App. Div. March […]
Defendant Wins Dismissal of Personal Injury Suit Due to Plaintiff’s Inability to Apportion His Damages between Successive Accidents
In a work related accident, plaintiff Alan Pickett fell on black ice at the defendant supermarket’s premises and injured his neck and back. About 8 months later, he suffered a second work related accident and severely aggravated his lower back injury. In Pickett v. ShopRite of East Norriton, 2016 N.J. Super. Unpub. LEXIS 442 (App. […]
Rehabilitation Center Found Not Responsible for Injuries Caused by Fall over Mattress on the Floor Due to it being an Open and Obvious Condition
Plaintiff Elizabeth Cunningham was visiting a resident of Briarwood Rehabilitation Center (“Briarwood”) when she tripped over a mattress on the floor and sustained an injury. The defendant Briarwood argued that it owed no duty to the plaintiff to warn of an open and obvious condition. In Cunningham v. Briarwood Care and Rehabilitation Center, Inc., 2016 […]
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