A Capehart Scatchard Blog

Archive for May, 2018

Church Found Not Liable for Fall on Public Sidewalk in Front of Vacant Church Property

By on May 25, 2018 in Liability, NJ Litigation with 0 Comments

Plaintiff Timothy Ellis fell on a public sidewalk in front of a vacant church owned by defendant Hilton United Methodist Church. Plaintiff argued that the church should be liable for his injuries suffered in the fall because its property should be deemed a “commercial” property for purposes of assessing liability. In the published decision of […]

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Allocation of Negligence as to Fictitious Defendant Permitted in Automobile Accident Lawsuit

By on May 18, 2018 in Negligence, NJ Litigation with 0 Comments

I had previously reported on the Appellate Division decision in Krzykalski v. Tindall, 448 N.J. Super. 1 (App. Div. 2016), in which the court upheld the trial court’s decision to allow the jury to allocate negligence between defendant David Tindall and the fictitiously named John Doe defendant in an automobile accident case. The New Jersey […]

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Plaintiff’s Retail Safety Expert Found Not Qualified to Testify as Expert

By on May 4, 2018 in Litigation, NJ Litigation with 0 Comments

Plaintiff Kim Yazujian sued PetSmart for an injury that occurred due to a slip and fall at one of their stores. The case was tried before a jury and the jury found PetSmart not liable. Plaintiff appealed on the basis that the trial court judge abused its discretion in excluding his retail safety expert from […]

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