A Capehart Scatchard Blog

Liability

Concert Provider Found Not Liable For Patron’s Injury Caused By Slipping On Muddy Ground At Concert

By on April 22, 2022 in Liability with 1 Comment

Plaintiff Danielle Donahue attended a Live Nation Concert at the PNC Banks Art Center (“PNC Center”), a public entertainment venue in Monmouth County. PNC Center is a partially covered, open-air amphitheater, which included lawn seating. In Donahue v. NJTPA and Live Nation Worldwide, Inc., 2022 N.J. Super. Unpub. LEXIS 559 (App. Div. Apr. 7, 2022), […]

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New Jersey Turnpike Authority Found Not Liable For Injury Caused Due To Plaintiff’s Motorcycle Hitting A Pothole

By on March 25, 2022 in Liability with 0 Comments

Plaintiff Daniel O’Brien sued the New Jersey Turnpike Authority (“NJTA”) for injuries he claimed to have suffered when he lost control of his motorcycle after hitting a pothole on the New Jersey Turnpike.  The issue in O’Brien v. New Jersey Turnpike Authority, 2022 N.J. Super. Unpub. LEXIS 120 (App. Div. Jan. 27, 2022) was whether […]

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New Jersey Supreme Court Rules that Mode of Operation Doctrine Does Not Apply to Sale of Grapes in Closed Container

By on March 18, 2022 in Liability with 0 Comments

Plaintiff Aleice Jeter sued Sam’s Club due to injuries suffered in its Linden, New Jersey store after she slipped on one or more grapes. Sam’s Club sold its grapes in closed clamshell containers sealed with tape. The case was dismissed by the trial court judge, which decision was affirmed upon appeal to the Appellate Division, […]

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Neither County Nor City Found Responsible For Injury To Plaintiff Caused By Tree Limb Piercing Windshield Of His Car

By on February 25, 2022 in Liability with 0 Comments

Plaintiff Marc Russi suffered significant injuries when a tree limb fell and pierced the windshield of his car while he was traveling on Union Valley Road in West Milford.  The fallen tree limb came from a tree located in the Pequannock Watershed, a 35,000 – acre natural resource area owned by the City of Newark.  […]

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Court Finds City Not Liable For Plaintiff’s Injury Suffered From Stepping Into Pothole

By on December 23, 2021 in Liability with 0 Comments

Plaintiff Giani Petty broke her ankle when she stepped into a pothole on a residential street in Newark.  The plaintiff sued the City of Newark for her injuries suffered as a result of the fall. The issue in Petty v. City of Newark, 2021 N.J. Super. Unpub. LEXIS 3122 (App. Div. Dec. 20, 2021) was whether […]

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Homeowners Found Not Responsible For Plaintiff’s Injury Caused By Raised Sidewalk Slab In Front Of Defendants’ Home

By on December 10, 2021 in Liability with 0 Comments

Plaintiff, Susan Mondie, tripped and fell on a raised sidewalk slab in front of the home owned by defendants, Christopher Linton and Tami Wolfelsperger.  Plaintiff claimed that the homeowners should be liable for her injury caused by her fall because a predecessor in title planted a pear tree next to the sidewalk and its roots […]

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NJ Supreme Court Grants Certification in Mode of Operation Case

By on October 15, 2021 in Liability with 0 Comments

I had previously reported on the case of Jeter v. Sam’s Club, 2021 N.J. Super. Unpub. LEXIS 919 (App. Div. May 17, 2021) in which the Appellate Division had affirmed a summary judgment ruling, dismissing a personal injury lawsuit arising from a slip on a grape which was sold in a clamshell case by the […]

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Mode of Operation Doctrine Does Not Apply to Fall on a Grape Sold in Clamshell Case

By on May 21, 2021 in Liability with 0 Comments

Plaintiff Aleice Jeter slipped and fell on a grape in the aisle of the defendant Sam’s Club East, LP, Linden store and filed a lawsuit to recover damages for her neck and back injuries.  She relied upon the mode of operation doctrine, which she contended excused her from establishing that the defendant had actual or […]

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Under New Jersey Law, City Has No Liability For Plaintiff’s Injury Due To Fall On Snow In Street

By on April 23, 2021 in Liability with 0 Comments

In March 2015, plaintiff Donell Prince left his rooming house where he lived and noticed that there was snow on the common walkways of the rooming house property and the adjoining public sidewalks.  Plaintiff decided to walk in the street because snow had been plowed from the street into the sidewalks.  He fell and landed […]

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Commercial Landowner Found Potentially Liable For Fall Occurring on Grassy Area Between the Sidewalk and Curb

By on March 5, 2021 in Liability with 0 Comments

Plaintiff Quinisha White fell in front of a commercial property while walking from her house to a car in the street.  She had stepped into the grassy area between the sidewalk and the curb and lost her balance due to an uneven decline by the curb.  She sued the owner of the property, defendant Magyar […]

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