A Capehart Scatchard Blog

Archive for November, 2019

Appellate Division Holds No Absolute Rule Of Law Finding Liability Due To Rear End Collision

By on November 27, 2019 in Liability, NJ Litigation with 0 Comments

The plaintiff Ming Zhang appealed from a no cause verdict entered after a bench trial.  Plaintiff’s complaint sought compensation for property damage to his vehicle suffered from a rear end collision.  The trial court judge found that the plaintiff had caused the accident when he abruptly changed lanes into the lane that the defendant was […]

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Church Found Immune Under Charitable Immunity Act For Injury Due to Plaintiff’s Fall on Snow When Attending Drunk Driving Program at Church

By on November 22, 2019 in Liability, NJ Litigation with 0 Comments

Plaintiff Edward Castellano was ordered to participate in a 48 hour Intoxicated Driver’s Resource Center (IDRC) Program due to his second drunk driving conviction.  The program was located on property owned and operated by defendant St. Joseph’s Catholic Church in Keyport, New Jersey.  As plaintiff walked about the premises before the program started, he slipped […]

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Meeting the Verbal Threshold Requirement for an Automobile Accident Injury through Scarring or a Permanent Injury

The Verbal Threshold is a threshold requirement set by the New Jersey Legislature for an individual to be compensated for bodily injuries suffered in an auto accident. The Verbal Threshold, or the Limitation on Lawsuit option, was created in an effort to reduce the cost of car insurance by limiting a person’s ability to sue […]

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Court Finds Contractor Not Responsible For Accidental Death Of Subcontractor’s Employee

By on November 1, 2019 in Negligence, NJ Litigation with 0 Comments

Plaintiffs Walter Friedauer and Robert Friedauer, as Executors of the Estate of Paul Friedauer, brought a wrongful death action against defendant Ashbritt Environmental Inc. (Ashbritt).  Ashbritt was the state’s prime contractor for the hurricane or other natural disaster debris recovery, remediation and disposal in Brick Township due to Hurricane Sandy.  Ashbritt had subcontracted some of […]

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