A Capehart Scatchard Blog

Betsy G. Ramos

Betsy G. Ramos

Ms. Ramos is an Executive Committee Member and Co-Chair of the Litigation Department at Capehart Scatchard, P.A. located in Mount Laurel, New Jersey. She is an experienced litigator with over 25 years experience handling diverse matters. Practice areas include tort defense, business litigation, estate litigation, tort claims and civil rights defense, construction litigation, insurance coverage, employment litigation, shareholder disputes, and general litigation.

Plaintiff’s Expert Report Barred Due to Failure to Distinguish Permanent Injury Suffered in Two Consecutive Car Accidents

By on October 23, 2020 in Discovery with 0 Comments

Plaintiff Abigail Perdomo appealed the trial court’s decision barring the expert report of her treating physician, Dr. Wayne Petermann, a chiropractor, as a net opinion.  Plaintiff had been in two different motor vehicle accidents in December, 2010 and, three years later, in November, 2013.  The issue in Perdomo v. Orgacki, 2018 N.J. Super. Unpub. LEXIS […]

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New York Resident Injured As A Pedestrian In A New Jersey Accident Limited To PIP Benefits Under His New York Policy

By on October 16, 2020 in Coverage with 0 Comments

On January 30, 2019, plaintiff, Don Washington, drove his car from his home state of New York to North Bergen, New Jersey.  After shopping and leaving a store, he walked in a crosswalk towards his parked car when he was struck by a vehicle and injured.  The issue in Washington v. Progressive Insurance Company, 2020 […]

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Appellate Division Rejects Ongoing Storm Rule in Second Decision

By on October 9, 2020 in Negligence with 0 Comments

Plaintiff Josselyn Berniz (“Berniz”) worked as a housekeeper for defendants Jeffrey and Aisha Atkins. After cleaning their home, while leaving, she fell on their snow covered driveway.  It was still snowing when she left the defendants’ home. The issue in Berniz v. Atkins, 2020 N.J. Super. Unpub. LEXIS 1900 (App. Div. Oct. 8, 2020) was […]

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Owner of Building May Have Vicarious Liability for Customer’s Injuries from Dog Bite

By on October 2, 2020 in Liability with 0 Comments

Plaintiff Alisette Russo “Russo” was a customer at a jewelry store (Creations by Stefano, Inc.) when she was bitten by the dog owned by defendant Stefano Simone (“Simone”). The building was owned by defendant Platinum Realty Group, LLC (“Realty”). The issue in Russo v. Creations by Stefano, 2020 N.J. Unpub. LEXIS 1615 (App. Div. Aug. […]

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Defendant Underage Adult May Be Held Liable To Third Party Injured Due To Defendant Facilitating The Use Of Alcohol To Underage Adult At His Residence

By on September 25, 2020 in Negligence with 0 Comments

Defendant Mark Zwierzynski (“Zwierzynski”), age 19, permitted his underage adult friends to consume alcoholic beverages in his home. Two of his guests, plaintiff’s decedent Brandon Tyler Narleski (age 19) and plaintiff Nicholas Gomes (age 20) left his home severely intoxicated. Shortly thereafter, Gomes lost control of his vehicle and crashed, causing Narleski’s death. In Estate […]

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Red Lobster Found Potentially Liable To Customer For Injury From Fall On Oily Steps

By on September 4, 2020 in Negligence with 0 Comments

The plaintiff, Mia Alers-Alvira, was leaving the Red Lobster restaurant when she slipped and fell on the last of three steps that led to the entrance/exit pathway of the Red Lobster.  She claimed that she fell on the oily residue on these concrete steps.  In the case of Alers-Alvira v. Red Lobster Restaurant, Inc., 2020 […]

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Assault or Battery Exclusion Bars Claim Against Insurance Company for Tavern’s Defense and Indemnification as to Lawsuit Involving Fatal Shooting of Patron

By on August 28, 2020 in Negligence with 0 Comments

In the published Appellate Division decision, Pickett v. Moore’s Lounge, 2020 N.J. Super. LEXIS 208 (App. Div. August 25, 2020), the Court was asked to decide whether insurance coverage existed as to the defendant tavern to cover the lawsuit against it for the fatal shooting of one its patrons. The tavern’s insurance company, Northfield Insurance […]

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Lawsuit of Deceased Plaintiff Dismissed Due to Death Occurring Before Complaint Filed

By on August 21, 2020 in Litigation with 0 Comments

The lawyer representing the plaintiff Carolyn Repko (“Repko”) filed a lawsuit in her name in September 2018, not knowing that she had died nine months previously.  He filed suit against the defendant Our Lady of Lourdes Medical Center, Inc. (“Lourdes”) due to plaintiff’s fall which had occurred in September 2016.  The issue in Repko v. […]

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“Special Employee’s” Personal Injury Civil Claim Found Barred By Workers’ Compensation Exclusive Remedy Defense

By on August 14, 2020 in Policy with 0 Comments

In a published Appellate Division decision, Hocutt v. Minda Supply Co., 2020 N.J. Super. LEXIS 201 (App. Div. August 7, 2020), the Appellate Division addressed whether the plaintiff employee (Carlton Hocutt III) qualified as a “special employee” of the defendant Minda Supply Company (“Minda”), whether his claim was barred by the Workers’ Compensation Act (“WCA”), […]

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New Jersey Jury Trials to Resume on Limited Basis

By on August 7, 2020 in Other with 0 Comments

Beginning in mid-September, New Jersey will resume jury trials on a limited basis. Three counties have been chosen to start the resumption of trials – Atlantic/Cape May, Bergen, and Cumberland/Gloucester/Salem vicinages. The plan is to start with criminal trials and then expand to other counties and both criminal and civil trials. The plan is to […]

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