A Capehart Scatchard Blog

Plaintiff’s Complaint Dismissed Based Upon The Statute Of Limitations, Despite COVID-19 Order Extending Statute Of Limitations

By on May 20, 2022 in Statute of Limitations with 0 Comments

On November 21, 2018, plaintiff Michael Sutton was involved in a motor vehicle accident with defendant Kevin Babilonia.  Plaintiff suffered injuries and retained counsel just six days before the two year statute of limitations expired.  In the case of Sutton v. Babilonia, 2022 N.J. Super. Unpub. LEXIS 792 (App. Div. May 12, 2022), the issue […]

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Recent Unpublished Appellate Division Opinion Regarding Sidewalk Liability

By on May 13, 2022 in Sidewalks with 0 Comments

In an unpublished March 29, 2022 opinion in Blake v. Glavan, 2022 N.J. Super. Unpub. LEXIS 499, the Appellate Division further addressed the issue of sidewalk liability. The Court addressed the issue of the liability of both a homeowner and a municipality for an injury caused by a fall over an uneven public sidewalk. The […]

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Appellate Division Issues Ruling On When Defense Medical Exam Can Be Video Or Audio Recorded Or Attended By A Third Party

By on May 6, 2022 in Discovery with 0 Comments

Three separate cases, each involving a separate personal injury, were appealed to the Appellate Division to decide the issue as to whether a plaintiff with alleged cognitive limitations, psychological impairments, or language barriers “can be accompanied by a third-party to a defense medical examination (“DME”), or require that the examination be video or audio recorded […]

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Plaintiff’s Personal Injury Lawsuit Dismissed As To Public Entity For Failure To Meet Permanency Threshold

By on April 29, 2022 in Permanency with 0 Comments

Plaintiff, Monica Vargas-Aguacondo, was injured in a motor vehicle accident with a Union County police car driven by defendant David Eckenrode.  Plaintiff, age 60, injured her left shoulder and back in the accident.  The issue in Vargas-Aguacondo v. Eckenrode & County of Union, 2022 N.J. Super. Unpub. LEXIS 682 (App. Div. Apr. 25, 2022), was […]

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Concert Provider Found Not Liable For Patron’s Injury Caused By Slipping On Muddy Ground At Concert

By on April 22, 2022 in Liability with 0 Comments

Plaintiff Danielle Donahue attended a Live Nation Concert at the PNC Banks Art Center (“PNC Center”), a public entertainment venue in Monmouth County. PNC Center is a partially covered, open-air amphitheater, which included lawn seating. In Donahue v. NJTPA and Live Nation Worldwide, Inc., 2022 N.J. Super. Unpub. LEXIS 559 (App. Div. Apr. 7, 2022), […]

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Plaintiff’s Counsel’s Negotiations With Insurance Carrier Did Not Toll The Statute Of Limitations For Personal Injury Suit

By on April 14, 2022 in Statute of Limitations with 0 Comments

In an interlocutory appeal, the Appellate Division considered the timeliness of plaintiff’s complaint for personal injuries arising from a June 2, 2019 motor vehicle accident. The trial court had denied the defendant’s motion to dismiss the complaint due to it not being timely filed.  In Richardson v. Miller-Murden, 2022 N.J. Super. Unpub. LEXIS 573 (App. Div. […]

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Kean University Found To Be Immune From Liability Under The Charitable Immunity Act For Plaintiff’s Fall At Soccer Game At Kean University Stadium

By on April 8, 2022 in Negligence with 0 Comments

Plaintiff Kathleen Fisher attended a high school soccer championship game which was held at the Kean University stadium.  The game was sponsored by the New Jersey State Interscholastic Athletic Association (NJSIAA).  While leaving the stadium after the game finished, plaintiff tripped and fell on a raised sidewalk and suffered an injury.  Plaintiff sued Kean University […]

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Court Finds That NJM Had No Duty To Pay For Defense Of Guest Who Committed Assault Until Incident Is Determined To Be Negligent Or Intentional

By on April 1, 2022 in Coverage with 0 Comments

This matter arises from the physical assault of a guest, plaintiff Colin Yurcisin, who attended a party hosted by defendant Justin Magariello.  While at the party, plaintiff alleges that a fellow guest, Ryan Fleming, who was intoxicated, punched him in the face multiple times causing serious injury. Plaintiff Yurcisin sued Fleming for his injuries. In […]

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New Jersey Turnpike Authority Found Not Liable For Injury Caused Due To Plaintiff’s Motorcycle Hitting A Pothole

By on March 25, 2022 in Liability with 0 Comments

Plaintiff Daniel O’Brien sued the New Jersey Turnpike Authority (“NJTA”) for injuries he claimed to have suffered when he lost control of his motorcycle after hitting a pothole on the New Jersey Turnpike.  The issue in O’Brien v. New Jersey Turnpike Authority, 2022 N.J. Super. Unpub. LEXIS 120 (App. Div. Jan. 27, 2022) was whether […]

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New Jersey Supreme Court Rules that Mode of Operation Doctrine Does Not Apply to Sale of Grapes in Closed Container

By on March 18, 2022 in Liability with 0 Comments

Plaintiff Aleice Jeter sued Sam’s Club due to injuries suffered in its Linden, New Jersey store after she slipped on one or more grapes. Sam’s Club sold its grapes in closed clamshell containers sealed with tape. The case was dismissed by the trial court judge, which decision was affirmed upon appeal to the Appellate Division, […]

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