A Capehart Scatchard Blog

Liability

Step-down Provision in Auto Policy as to Spouse Upheld by Court

By on December 7, 2018 in Liability with 0 Comments

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 […]

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Fitness Club Liability Waiver Form Found to be Unenforceable

By on November 21, 2018 in Liability with 0 Comments

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. […]

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Judge Charged Wrong Jury Charge for Social Guest Premises Liability Case

By on October 26, 2018 in Liability with 0 Comments

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 […]

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Court Finds an Unoccupied Two Family Home to Be a Residential Property for Purposes of Determining Liability for a Fall on Adjoining Public Sidewalk

By on September 28, 2018 in Liability with 0 Comments

Defendant Suresh Muthupandi bought a vacant two-family home, intending to rent out one of the dwellings in the building and, because he was having marital problems with his wife and wanted to separate from her, to move into the other dwelling. Before he could move in, in January 2014, the roof of the building collapsed. […]

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Landlord Held Not Liable for Injuries Suffered by Commercial Tenant’s Employee When Tenant Responsible for Maintenance of Premises

By on September 21, 2018 in Liability with 0 Comments

The issue often arises as to who is responsible to an injured plaintiff when the plaintiff falls on leased property – the owner or the tenant? This issue was addressed in Caldas v. Janard Management Services, Inc., 2018 N.J. Super. Unpub. LEXIS 972 (App. Div. April 26, 2018). Plaintiff Juan Caldas was injured at work […]

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Landlord May Be Liable to Tenant Injured in The Process of Changing Lightbulb in Ceiling Fixture in Common Hallway

By on September 7, 2018 in Liability with 0 Comments

Plaintiff Evelyn Delgado was injured while trying to change the lightbulb of the ceiling fixture in the entrance hallway leading to her apartment. She tried to change the lightbulb by standing on a stair, leaning over the banister. She lost her balance, fell to the floor, and injured her leg. The issue in Delgado v.  […]

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Plaintiff, as Trespasser to Property, Owed Minimal Duty of Care by Landowner

By on August 10, 2018 in Liability with 0 Comments

By:  Charles F. Holmgren, Esq. Edited by: Betsy G. Ramos, Esq. The plaintiff injured himself when he tripped on an uncovered sewer drain in the parking lot of a doctor’s office across the street from his house. The plaintiff sued the owner of the property for his injuries, claiming the owner was negligent in failing […]

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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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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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Commercial Property Owner Unable to Obtain Dismissal for Fall on Black Ice

By on March 16, 2018 in Liability with 0 Comments

Plaintiff Cynthia Johnson was an employee of a tenant of the property owned by defendant Brandywine Operating Partnership, LP and Brandywine Realty Trust (“Brandywine”). She fell on black ice in the parking lot of Brandywine’s property and sued for her injuries. In Johnson v. Brandywine Operating Partnership, LP, 2017 N.J. Super. Unpub. LEXIS 2857 (App. […]

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