A Capehart Scatchard Blog

Liability

Neither County, Nor Board Of Education Held Liable For A Student Injured In Gym Class

By on June 26, 2020 in Liability with 0 Comments

Plaintiff Cora Kerton, on behalf of J.R., her minor daughter, filed suit against the County of Hudson and the Board of Education for the Hudson County Schools of Technology, as well as the superintendent and principal of the school, due to an injury that her daughter suffered in gym class.  Her daughter suffered an injury […]

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Owner Of Vacant Two-Family Home Found Not To Be Liable For Injury On Abutting Defective Sidewalk

By on January 17, 2020 in Liability with 0 Comments

The plaintiff, Nivia Cardenas, fell and injured herself on a defective sidewalk in front of a vacant home owned by defendants Mark and Anthony T. Severino.  The trial court judge determined that, because the property was not being used for commercial purposes at the time of the accident, the defendants had no duty to maintain […]

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Store Found Not Liable For Slip And Fall Due To Melting Snow From Cart In Aisle

By on January 3, 2020 in Liability with 0 Comments

Plaintiff Johanna Cortes fell while she and her husband were shopping at BJ’s Wholesale Club.  She allegedly slipped and fell in a puddle of water about two feet wide, created by melting snow from a cart left in the aisle.  In the federal court case of Cortes v. BJ’s Wholesale Club, 2019 U.S. Dist. LEXIS […]

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Landlord Found Not Liable for Tenant’s Injury on Stairs Due to Known Crack in Stair Tread

By on December 13, 2019 in Liability with 0 Comments

Plaintiff Mary Giraldi leased a single family home from defendants Michael and Susan Cervini. After living there for four years, she caught her foot in a gap between the porch stair treads and fell. In Giraldi v. Cervini, 2019 N.J. Super. Unpub. LEXIS 2183 (App. Div. Oct. 24, 2019), the issue was whether the defendant […]

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Appellate Division Holds No Absolute Rule Of Law Finding Liability Due To Rear End Collision

By on November 27, 2019 in Liability with 0 Comments

The plaintiff Ming Zhang appealed from a no cause verdict entered after a bench trial.  Plaintiff’s complaint sought compensation for property damage to his vehicle suffered from a rear end collision.  The trial court judge found that the plaintiff had caused the accident when he abruptly changed lanes into the lane that the defendant was […]

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Church Found Immune Under Charitable Immunity Act For Injury Due to Plaintiff’s Fall on Snow When Attending Drunk Driving Program at Church

By on November 22, 2019 in Liability with 0 Comments

Plaintiff Edward Castellano was ordered to participate in a 48 hour Intoxicated Driver’s Resource Center (IDRC) Program due to his second drunk driving conviction.  The program was located on property owned and operated by defendant St. Joseph’s Catholic Church in Keyport, New Jersey.  As plaintiff walked about the premises before the program started, he slipped […]

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Movie Theater Found not Liable for Fall Due to Plaintiff’s Failure to Prove it had Notice of Debris Allegedly Causing the Fall

By on September 27, 2019 in Liability with 0 Comments

Plaintiff, Willy Frankel, and his wife were at the defendant Edgewater Multiplex Cinemas, watching a movie, when he slipped and fell after getting up from his seat when the movie ended.  The issue in Frankel v. Edgewater Multiplex Cinemas, 2019 N.J. Super Unpub. LEXIS 510 (App. Div. March 7, 2019) was whether the plaintiff was […]

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Tractor Trailer Truck Driver Found Not Liable For Auto Accident Caused By Tire Blowout of Minivan In Front Of Truck

By on September 6, 2019 in Liability with 0 Comments

The plaintiff Ronald Winnix and his wife defendant Sandra Winnix decided to take an impromptu family visit for the Fourth of July weekend, driving from North Carolina to Brooklyn, New York.  Sandra had a concern about the condition of their minivan’s rear tire before they left. On their return home, that tire suffered a blow […]

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Non-Profit Residential Drug Treatment Facility Found Not to Be Entitled to Charity Immunity for Injuries Suffered from Fall

By on July 26, 2019 in Liability with 0 Comments

The plaintiff, F.K. was a resident at the defendant Integrity House residential drug treatment facility in Newark.  He claimed to have suffered personal injuries when he slipped and fell due to a wet condition on an interior staircase within the facility.  Plaintiff sued defendant Integrity House, alleging that it was negligent in the maintenance of […]

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Homeowner Found Not Liable for Injuries Suffered from Fall on Sidewalk

By on June 14, 2019 in Liability with 0 Comments

The plaintiff Terry Peifer was walking her dog when she tripped and fell on the sidewalk bordering the front yard of the home owned by defendant Clarence Mesday.  Plaintiff claims to have fallen on a raised sidewalk.  The issue in Peifer v. Mesday, 2019 N.J. Super. Unpub. LEXIS 990 (App. Div. May 1, 2019) was […]

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