A Capehart Scatchard Blog

Archive for August, 2017

Defense Doctor Permitted to Testify as to Lack of Necessity of Plaintiff’s Surgical Procedures Despite Failing to Include that Opinion in his Report

By on August 25, 2017 in Court Rulings, NJ Litigation with 0 Comments

Plaintiff Silvano Collado was rear-ended by defendant Eli Salzman while driving a min-commuter bus in Jersey City, New Jersey. Defendant stipulated to liability and the matter proceeded to a damages only trial. In Collado v. Salzmann, 2017 N.J. Super. Unpub. LEXIS 2144 (App. Div. Aug. 22, 2017), the plaintiff appealed the no cause entered against […]

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Personal Injury Suit Remanded Back to State Court Due to Failure to Meet Monetary Threshold for Federal Diversity Jurisdiction

By on August 18, 2017 in Court Rulings, NJ Litigation with 0 Comments

Plaintiff Maria Nalbone, age 87 years old, fell in her room in the Mirage Casino in Las Vegas. She injured one of her ribs due to the fall. In Nalbone v. The Mirage Casino-Hotel, 2017 U.S. Dist. LEXIS 117463 (D.N.J. July 25, 2017), plaintiff argued that the matter did not meet the threshold value of […]

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New Jersey Court Permits Service of Process through Facebook

By on August 11, 2017 in Court Rulings, NJ Litigation with 1 Comment

If a plaintiff is unable to serve a complaint through personal service and is unable to locate a valid address for the defendant, what alternative means of service are available to plaintiff? That was the issue faced by plaintiffs in K.A. v. J.L., 450 N.J. Super. 247 (Ch. Div. 2016). In a published decision, approved […]

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Plaintiff’s Bodily Injury Claim Due to Fall from Water on Floor Dismissed

By on August 4, 2017 in Court Rulings, NJ Litigation with 0 Comments

Plaintiff Cameron Smith was shopping at defendant Walmart’s store at 9:45 pm when she slipped and fell on water inside the store. She landed on her right hip, sustaining injuries. In Smith v. Walmart Stores, Inc., 2017 N.J. Super. Unpub. LEXIS 1964 (App. Div. July 31, 2017), she claimed the defendant store failed to exercise […]

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