A Capehart Scatchard Blog

Archive for August, 2019

Expert Testimony Not Needed to Establish Unlit Walkway Drop Off Was A Dangerous Condition

By on August 30, 2019 in Negligence, NJ Litigation with 0 Comments

Plaintiff Holly Hughes was a Certified Nursing Assistant who was hired by the defendant decedent’s daughter to provide nursing care to decedent (Leonard Owen) in his home.  On her first day of work, as she was leaving work, she tripped and fell at the end of the walkway, apparently due to a substantial drop off.  […]

Share

Continue Reading »

Governor Murphy Signs Two Bills into Law Overturning Haines v. Taft, Permitting Injured Automobile Accident Plaintiffs to Recover Unreimbursed Medical Expenses

By on August 23, 2019 in Damages, Legislation, NJ Litigation with 0 Comments

On August 15, 2019, New Jersey Governor Murphy signed two bills into law, which overruled the New Jersey Supreme Court opinion in the case of Haines v. Taft.  In the Haines case, the Court had held that plaintiffs could not seek to recover unreimbursed medical expenses as part of their damages incurred in an automobile […]

Share

Continue Reading »

Orthopedist Found Not To Be Qualified To Testify As To Mechanism Of Personal Injury

By on August 16, 2019 in NJ Litigation, Testimony with 0 Comments

Plaintiff Jason Rodriguez was injured in a rear end collision and sued the other driver, defendant Faith Sheppard.  Liability was conceded and a jury trial was held as to damages only.  The issue in Rodriguez v. Mueller, 2019 N.J. Super Unpub LEXIS 1783 (App. Div. August 15, 2019), was whether the plaintiff had suffered sufficient […]

Share

Continue Reading »

Supreme Court Finds That Defendant Employee Was Not Obligated To Report That His Co-Worker Was Engaged In Sexual Relationship With Minor

By on August 9, 2019 in Negligence, NJ Litigation with 0 Comments

When minor Plaintiff G.A.H. was 15 years old, she began a sexual relationship with the defendant “Kenneth” when he was 44.  During the time period of this illegal relationship, Kenneth worked for defendant GEM Ambulance LLC (“GEM”) as an EMT.  The issue in the New Jersey Supreme Court case of G.A.H. v. K.G.G., 2019 N.J. […]

Share

Continue Reading »

Court Finds NJ Restrictive Covenant Agreement Enforceable As to Sales Representatives

By on August 2, 2019 in NJ Litigation, Policy with 0 Comments

In six consolidated cases, six former employee defendants were sued by their former employer ADP, LLC (“ADP”) for violating their respective Restrictive Covenant Agreements with ADP.  Each of the defendants had been a top performing sales representative for ADP and had accepted the Restrictive Covenant in exchange for participating in a stock award incentive program.  […]

Share

Continue Reading »

Top