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.
Court Applies Mode of Operation Rule to Injury in Supermarket Caused by Water on Floor Due to Melted Snow from Shopping Cart
Plaintiff Mindy Klarman was at Pathmark’s Lake Hopatcong supermarket on January 31, 2011 when she fell. She slipped on a puddle of water near the checkout, which came from snow off of the bottom of shopping carts, which had been brought into the store. In Klarman v. Pathmark Supermarket, 2018 N.J. Super. Unpub. LEXIS 2808 […]
Apartment Complex Found not Liable to Plaintiff Who was Injured as a Result of Drive-By Shooting
Plaintiff Najee Paschall was in the vicinity of the Defendant Norfolk Square Apartments when he was shot as a result of a drive-by shooting. He was walking by the apartments when he saw a white van drive by, open its doors, and a person started shooting. Plaintiff was shot in the back. In Paschall v. […]
When Can A Defendant Successfully File An Initial Motion To Dismiss Based Upon The Pleadings Versus A Motion For Summary Judgment?
When a lawsuit is filed in New Jersey state court and the defendant believes that it has a strong defense against the claims asserted by the plaintiff, when is the best time to file a motion with the court asking for the lawsuit to be dismissed? Can the motion be filed immediately in lieu of […]
Appellate Division Approves Suit By Comp Carrier Against Third Party Tortfeasor Even Where Injured Worker Had A Verbal Threshold Policy
Automobile insurance carriers should expect an uptick in workers compensation carrier subrogation claims for medical expenses and temporary disability benefits, regardless of whether the injured worker was subject to the verbal threshold in his/her personal automobile policy based upon the recent published Appellate Division decision in New Jersey Transit Corporation v. Sandra Sanchez, A-0761-17T3 (App. […]
Step-down Provision in Auto Policy as to Spouse Upheld by Court
Plaintiff Lori-Anne Michel was injured while walking in a crosswalk when she was struck by a car being driven by Rosa Ludena (“Ludena”). Ludena had a basic policy that did not provide any liability coverage. Plaintiff was a named insured under a USAA policy that provided $25,000 in underinsured motorist (“UIM”) coverage and, after submitting […]
Fitness Club Liability Waiver Form Found to be Unenforceable
Plaintiff Kyung Pak was injured while participating in the fitness class at the defendant NJ Fitness Factory’s fitness center. She had signed a waiver form, in which she waived any liability claims she had against the fitness club. The issue in Pak v. NJ Fitness Factory, Inc., 2018 N.J. Super. Unpub. LEXIS 916 (App. Div. […]
Expert Testimony Needed for Questioning as to Airbag Deployment in Automobile Accident Case
In a recently published Atlantic County Law Division case, Taing v. Braisted, 2017 N.J. Super. LEXIS 182 (Law Div. October 23, 2017), Judge Marczyk dealt with the issue as to whether defense counsel can question plaintiff about whether his airbag deployed in his vehicle at the time of the accident. The judge noted that there […]
Modified Jury Charge Permitted Concerning How to Evaluate Motor Vehicle Damage without Photographs of Vehicles
In a published Law Division decision, Abdurraheem v. Koch, 2018 N.J. Super. LEXIS 145 (Law Div. Mar. 19, 2018), the trial judge in an Atlantic County automobile negligence case was asked to modify Model Jury Charge 5.34 “Photographic Evidence in Motor Vehicle Accidents,” when there was testimony as to the damage of the vehicles involved […]
Judge Charged Wrong Jury Charge for Social Guest Premises Liability Case
Plaintiff Staci Piech was attending a 40th birthday party hosted by the defendant John Layendecker for his son Glenn Layendecker when she suffered an injury. Glenn was using a hollow metal pipe to strike a piñata, which broke off and struck her arm. She sued both John and Glenn Layendecker for her injuries. As to […]
Should You Reject a New Jersey Arbitration Award and File a Demand for a Trial De Novo? What Are The Pros and Cons?
In the New Jersey Superior Court, personal injury lawsuits are subject to mandatory arbitration pursuant to Rule 4:21A-1. These suits would include automobile accidents and all other personal injury matters except professional malpractice and products liability lawsuits. Once an arbitration award is entered, a decision needs to be made whether to accept or reject the […]
Todd
Bill Abate
Richard Ford
Yadia
Connect With Capehart Scatchard