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 Not Entitled to Mode of Operation Charge When Unable to Identify Substance Causing Fall

By on June 22, 2018 in Civil Lawsuits with 0 Comments

Plaintiff Enrico Andricola (“Andricola”) slipped and fell in the cafeteria of Defendant Kennedy Hospital (“Kennedy”). He injured his ankle and sued Kennedy. In Andricola v. Kennedy Univ. Hosp. Inc., 2018 N.J. Super. Unpub. LEXIS 1146 (App. Div. May 16, 2018), the issue was whether the plaintiff was entitled to a mode of operation charge for […]

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Whether Plaintiff Qualifies as an Insured Under UIM Endorsement Not Subject to Arbitration

By on June 8, 2018 in Arbitration with 0 Comments

Plaintiff Carole Zelig was injured in an automobile accident, while a passenger in a vehicle operated by a friend. She settled her personal injury claim against the tortfeasor and then filed an underinsured motorist (UIM) claim against the defendant Tower Group Companies, the carrier for a business partially owned by plaintiff. In Zelig v. Tower […]

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Court Rules that Settlement from Self-Insured Premises Owner Should be Applied as Credit against Plaintiff’s UIM Coverage

By on June 1, 2018 in Settlements with 0 Comments

Plaintiff Janine Ball was injured while walking into a Rite Aid store when struck by defendant Charles Reese, who had fallen asleep at the wheel. She sued Reese based upon negligence in operating his vehicle and Rite Aid based upon a premises liability theory. Plaintiff also informed her own automobile insurance company that she intended […]

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Church Found Not Liable for Fall on Public Sidewalk in Front of Vacant Church Property

By on May 25, 2018 in Liability with 0 Comments

Plaintiff Timothy Ellis fell on a public sidewalk in front of a vacant church owned by defendant Hilton United Methodist Church. Plaintiff argued that the church should be liable for his injuries suffered in the fall because its property should be deemed a “commercial” property for purposes of assessing liability. In the published decision of […]

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Allocation of Negligence as to Fictitious Defendant Permitted in Automobile Accident Lawsuit

By on May 18, 2018 in Negligence with 0 Comments

I had previously reported on the Appellate Division decision in Krzykalski v. Tindall, 448 N.J. Super. 1 (App. Div. 2016), in which the court upheld the trial court’s decision to allow the jury to allocate negligence between defendant David Tindall and the fictitiously named John Doe defendant in an automobile accident case. The New Jersey […]

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Plaintiff’s Retail Safety Expert Found Not Qualified to Testify as Expert

By on May 4, 2018 in Litigation with 0 Comments

Plaintiff Kim Yazujian sued PetSmart for an injury that occurred due to a slip and fall at one of their stores. The case was tried before a jury and the jury found PetSmart not liable. Plaintiff appealed on the basis that the trial court judge abused its discretion in excluding his retail safety expert from […]

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Plaintiff’s Failure to Notify His Auto Insurance Carrier of Litigation Against Underinsured Tortfeasor Bars UIM Claim

By on April 20, 2018 in Litigation with 0 Comments

Plaintiff Robert Ferrante was injured in an automobile accident in which the other motorist (“the tortfeasor”) caused the accident. Without informing his automobile insurance company, New Jersey Manufacturers (“NJM”), Plaintiff filed a lawsuit against the tortfeasor, participated in mandatory arbitration, rejected the award and asked for a trial de novo, refused a settlement offer, tried […]

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New Jersey Appellate Court Refuses to Recognize Tort Claim for Negligent Misidentification of Suspect

By on April 13, 2018 in Other with 0 Comments

Plaintiff Dwight Morris was at his bank to make a withdrawal when the male in front of him handed the teller a robbery note. The teller handed the robber a stack of bills and the robber then left the bank. The teller called 9-1-1 and, when the police came, the plaintiff claims that they questioned […]

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Claims that Fall Under Employers Liability/Part B Coverage

By on March 29, 2018 in Liability with 0 Comments

Employers Liability insurance coverage is a “gap filler” coverage, providing protection to employers in situations where an injured employee has the right to bring a civil tort action for damages despite the provisions of the New Jersey workers’ compensation statute. Although N.J.S.A. 34:15-8 makes workers’ compensation the “exclusive remedy” for an injured employee, in which […]

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Litigation Privilege Bars Lawsuit as to Alleged Defamatory Statement Made by Litigant

By on March 23, 2018 in Litigation with 0 Comments

The plaintiff (an attorney) sued his former client, defendant Shai Harmelech, to collect on an unpaid legal bill. In the course of that lawsuit, the trial judge asked the parties if they would be interested in participating in a mediation to resolve the dispute. In response to the court’s request, Harmelech sent an email to […]

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