A Capehart Scatchard Blog

Archive for December, 2017

Counterclaim Filed After Statute of Limitations Expired Permitted to “Relate Back” to Timely Filed Complaint

In New Jersey, personal injury actions must be filed within two years of the accrual of the action. What happens if the complaint is filed on the last day of the statute of limitations and the defendant wishes to file a counterclaim arising out of the same incident? Is the counterclaim barred? That was the […]

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Condominium Association Not Liable for Injury on Sidewalk Adjacent to Its Buildings

By on December 15, 2017 in Liability, NJ Litigation with 1 Comment

Plaintiff Tina Waldeier was injured when thrown from her bicycle due to a defect in the sidewalk adjacent to the defendant Piper I Townhouse Condominium buildings. The Condominium Association argued that the condominiums were predominantly residential and, hence, it was not liable for the defects in the public sidewalk. In, Waldeier v. Piper 1 Townhouse […]

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Homeowner Found Not Liable for Injury Resulting from Fall on Driveway During Ongoing Snowstorm

By on December 8, 2017 in Liability, NJ Litigation with 0 Comments

Plaintiff, Michael Mangone, a UPS delivery worker, suffered an injury due to a fall from snow on the driveway of defendant Beverly Beer. Plaintiff sued Beer, claiming negligence. The question in Mangone v. Beer, 2017 N.J. Super. Unpub. LEXIS 2855 (App. Div. Nov.16, 2017) was whether the defendant breached any duty of care owed to […]

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A Refresher on the Standards for a Motion for Summary Judgment in the Context of Potential Liability of a Volunteer Athletic Coach

By on December 1, 2017 in Liability, NJ Litigation with 0 Comments

By:  Christopher J. Carlson, Esq. Edited by: Betsy G. Ramos, Esq. The Appellate Division recently decided a case with a fairly unusual fact pattern which nonetheless is instructive regarding the issue of Motions for Summary Judgment in general, as well as the more narrow issue of the potential liability of volunteer athletic coaches. Mone v. […]

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