A Capehart Scatchard Blog

Claims

Food Poisoning Claim Against Restaurant Dismissed Due to Lack of Proof

By on February 22, 2019 in Claims with 0 Comments

Plaintiff Kathleen Nicholson and John Nicholson sued the Outback Steakhouse (“Outback”) after Kathleen became ill after eating at the Outback. She claimed that her dinner at the Outback was the source of the Salmonella bacteria that caused her illness. In Nicholson v. Bloomin Brands, Inc., 2018 N.J. Super. Unpub. LEXIS 1817 (App. Div. July 30, […]

Share

Continue Reading »

Plaintiff’s Personal Injury Claim Arising from Auto Accident Barred Due to His Inability to Establish a Permanent Injury as Required by Verbal Threshold Law

By on February 15, 2019 in Claims with 0 Comments

Plaintiff Hector Reyes claimed to have suffered personal injuries as a result of an automobile accident with defendant John Stanley. Plaintiff’s automobile insurance policy contained the limitation on lawsuit option (i.e., “verbal threshold”) which limited his ability to sue for noneconomic damages (i.e., his pain and suffering) under the Automobile Insurance Cost Reduction Act, specifically […]

Share

Continue Reading »

Expert Needed to Prove Amount of Property Damage for Fire Loss

By on August 31, 2018 in Claims with 0 Comments

Plaintiff V&C Liquors, Inc. made a claim against PSE&G for fire damage to its Newark liquor store. At trial, PSE&G was found 100% liable by the jury and V&C was awarded $200,000 for property damage and $14,700 for lost rent. The trial court judge had permitted V&C’s principal to testify to the amount of the […]

Share

Continue Reading »

Homeowner Limited to Cash Value of House in Fire Loss Claim

By on February 9, 2018 in Claims with 0 Comments

Plaintiff Dawn Dunkerly made a claim against her homeowner’s insurance company, Encompass Insurance Company, for the fire loss of her parents’ home. A fire swept through the house and completely destroyed it. As executor of her parents’ estate, plaintiff submitted a claim to defendant Encompass under her parents’ homeowners policy to be compensated for the […]

Share

Continue Reading »

Top