A Capehart Scatchard Blog

Archive for April, 2019

Plaintiff in Personal Injury Action Barred from Testifying that his Automobile was Totaled

By on April 26, 2019 in Civil Lawsuits, NJ Litigation with 0 Comments

Plaintiff Mariusz Kuzian claimed to have suffered personal injuries in a motor vehicle accident caused by the defendant Steven Tomaszewski. During the trial, his lawyer questioned him as to whether his vehicle was totaled in the accident. The issue in Kuzian v. Tomaszewski, 2018 N.J. Super. LEXIS 183 (Law Div. July 12, 2018) was whether […]

Share

Continue Reading »

Does New Jersey Permit Recording of Defense IME’s?

By on April 18, 2019 in NJ Litigation, Other with 0 Comments

Under New Jersey Court rules, when a plaintiff has made a claim for personal injuries, the adverse party may require that the plaintiff submit to a physical or mental examination pursuant to R. 4:19.  The issue sometimes arises as to whether the defense medical examination may be recorded or attended by a representative of the […]

Share

Continue Reading »

Appellate Division Rules that the Workers’ Compensation Act Bars Lawsuit against Firefighter for Firecracker Prank, as it was not an Intentional Wrong

Plaintiff Raymond Johns, a firefighter for the City of Linden, suffered injuries when he sat on a firecracker that was placed on a toilet seat as a prank by a fellow firefighter, Thomas Wengerter. In Johns v. Wengerter, 2019 N.J. Super. Unpub. LEXIS 730 (App. Div. April 1, 2019), the issue was whether Wengerter’s act […]

Share

Continue Reading »

Appellate Division Rules on Amount of Attorneys Fee Permitted in Lien Reimbursement to Workers’ Compensation Carrier in High Third Party Settlements

By on April 5, 2019 in NJ Litigation, Settlements with 0 Comments

There has been a longstanding dispute as to the amount of the attorney’s fee permitted in calculating the lien reimbursement due to the workers’ compensation insurance carrier in high third party settlements (i.e., those that exceed $500,000). This dispute was recently resolved in the reported Appellate Division decision of Liberty Mutual Insurance o/b/o Sabert Corporation […]

Share

Continue Reading »

Top