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.

Rehabilitation Center Found Not Responsible for Injuries Caused by Fall over Mattress on the Floor Due to it being an Open and Obvious Condition

By on April 1, 2016 in Uncategorized with 0 Comments

Plaintiff Elizabeth Cunningham was visiting a resident of Briarwood Rehabilitation Center (“Briarwood”) when she tripped over a mattress on the floor and sustained an injury. The defendant Briarwood argued that it owed no duty to the plaintiff to warn of an open and obvious condition. In Cunningham v. Briarwood Care and Rehabilitation Center, Inc., 2016 […]

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Summary Judgment Denied to Casino for Injury Due to Slip and Fall on Liquid on Floor Spilled Only Four Minutes Prior to Fall

By on March 24, 2016 in Liability with 0 Comments

Plaintiff Charles Romeo (“Romeo”) slipped and fell at Defendant Harrah’s Atlantic City casino on March 19, 2011. Video surveillance showed that a patron spilled a liquid beverage on a common walkway at 7:03 pm. Four minutes later, the video showed Romeo slipping on the liquid and falling. In Romeo v. Harrah’s Atlantic City Propco, LLC, […]

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No Coverage Under Homeowners Policy for Injury Resulting From Punch to Jaw

By on March 18, 2016 in Coverage with 0 Comments

Plaintiff Damon Barley (“Barley”) filed a lawsuit against Steven Quadrel (“Quadrel”) for injuries suffered when Quadrel punched him in the jaw.  Barley sued Quadrel based upon intentional tort and negligence. Quadrel’s parents submitted a notice of claim to Citizens Insurance Company of America (“Citizens”) for coverage under their homeowners policy. Citizens denied coverage. In Barley […]

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Appellate Division Again Rules that Residential Landowners Not Liable for Injury Caused by Fall on Abutting Public Sidewalk

By on March 11, 2016 in Uncategorized with 0 Comments

Plaintiff Sunnie Corry was walking with her husband and daughter, as well as her grandchild, who was in a stroller, on the sidewalk abutting the defendants’ home. She tripped and fell over a raised and severely broken sidewalk and, as a result, suffered a severe rotator cuff injury. In Corry v. Barbieri, 2016 N.J. Super. […]

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Court Refuses to Apply Mode of Operation Rule to Injury Claim Caused by Leaking Shampoo Bottle

By on March 4, 2016 in Uncategorized with 0 Comments

Plaintiff Yolanda White was shopping with her daughter in defendant’s Fine Fare Supermarket when she fell. While about 3 feet from the checkout counter, she slipped and fell on liquid dish detergent that had spilled on the floor. In White v. 525 Meat Corp., 2016 N.J. Super. Unpub. LEXIS 372 (App. Div. Feb. 22, 2016), […]

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Disclaimer of Coverage Upheld Due to Insured’s Failure to Comply with Notice Provision in Policy

By on February 26, 2016 in Liability with 0 Comments

Notice provisions are common clauses in insurance policies, whereby the insured is required to provide timely notice of the claim as a condition to obtaining coverage under the policy. The courts in New Jersey, however, interpret this notice clause differently, depending upon whether the policy is an occurrence or a claims made policy. In Templo […]

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Limitation Provision in Homeowner’s Insurance Policy Upheld by Court

By on February 19, 2016 in Statute of Limitations with 0 Comments

While the New Jersey statute of limitations for a contract claim, which would include a claim against an insurance policy, is 6 years, some insurance policies contain shorter limitation periods to file a lawsuit against the carrier. In the federal court case of Majagah v. AIG Property Casualty Insurance Agency, Inc., 2016 U.S. Dist. LEXIS […]

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Owner of Vehicle Found Not Liable for Intoxicated Driver’s Actions in Causing Auto Accident

By on February 12, 2016 in Liability with 0 Comments

​Plaintiff Ranjani Vaidyanathan was injured in an automobile accident on April 29, 2012 when the driver Joaquin Martinez (“Joaquin”) rear ended her vehicle. At the time, he was driving a vehicle owned by Venessa Martinez. He was very intoxicated, with his blood alcohol level tested at .31%, well past the legal limit. In the Law […]

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Gas Station Owner Found Not Liable for Plaintiff’s Injury Resulting from Shooting on His Premises

By on February 5, 2016 in Liability with 0 Comments

Plaintiff Jerome White was shot during third party defendant Walter Gleaton’s attempt to kill a passenger in plaintiff’s vehicle while on the premises of defendant Shan’s gas station in Trenton. As a result of the shooting, Plaintiff suffered a fracture to his thoracic vertebrae and became a paraplegic. In White v. Getty Petroleum Marketing, Inc., […]

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Appellate Division Reverse $2 Million Verdict Due to Multiple Evidential Trial Rulings

By on January 29, 2016 in Blog with 0 Comments

In the recent published decision of Berkowitz v. Soper, 2016 N.J. Super. LEXIS 13 (App. Div. 2016), the Appellate Division reversed a $2 million jury verdict due to multiple errors made by the trial judge. This case involved a rear end collision between the plaintiff Joseph Berkowitz and Susan Soper. The plaintiff alleged back pain […]

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