A Capehart Scatchard Blog

Archive for July, 2017

Homeowners Found Not Liable for Guest Who Drowned in Their Pool

By on July 28, 2017 in Liability, NJ Litigation with 0 Comments

Defendants Doris and James Astacio permitted Doris’ sister and brother-in-law, Diana and Jason Adams, to host a sixteenth birthday party for their son at their home. Dafiq Rasheed, an adult guest, drowned in their pool and his father filed a negligence action against the defendants for a survivorship claim and a wrongful death claim on […]

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Plaintiff’s Liability Release Bars Her Personal Injury Claim Against Health Club

By on July 21, 2017 in Liability, NJ Litigation with 0 Comments

By: Jack Hagerty, Law Clerk Editor: Betsy G. Ramos, Esq. Less than three months after joining Eclipse Sports and Wellness, gym member Maria Pulice was injured at the club when a ten-pound dumbbell fell on her face as her trainer, Oscar Cortes, whom she hired through the club, was handing it to her to perform […]

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Court Finds Homeowners Not Liable to Guest Who Trips over Dog in Hallway

By on July 14, 2017 in Court Rulings, NJ Litigation with 0 Comments

Homeowners Richard Compeau and Rosanna DiMarzio found out the hard way what happens when you “let sleeping dogs lie” (or in their case one sleeping dog) in their hallway, when a guest at their Christmas dinner tripped over their dog and was injured. In Parella v. Compeau, 2017 N.J. Super. Unpub. LEXIS  1622 (App. Div. […]

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Court Finds that Equitable Tolling of Statute of Limitations Did Not Apply to Prevent Lawsuit’s Dismissal

Plaintiff Ronald Rowell was injured on February 17, 2011 when his tractor trailer, parked in a commercial warehouse located in New Jersey, was struck by another vehicle. Initially, plaintiff sued the defendants he believed were responsible for the accident. However, after the statute of limitations expired, the plaintiff discovered the correct parties responsible for the […]

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