A Capehart Scatchard Blog

Liability

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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Appellate Division Rules that the Workers’ Compensation Act Bars Lawsuit against Firefighter for Firecracker Prank, as it was not an Intentional Wrong

By on April 12, 2019 in Liability with 0 Comments

Plaintiff Raymond Johns, a firefighter for the City of Linden, suffered injuries when he sat on a firecracker that was placed on a toilet seat as a prank by a fellow firefighter, Thomas Wengerter. In Johns v. Wengerter, 2019 N.J. Super. Unpub. LEXIS 730 (App. Div. April 1, 2019), the issue was whether Wengerter’s act […]

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Apartment Complex Found not Liable to Plaintiff Who was Injured as a Result of Drive-By Shooting

By on January 4, 2019 in Liability with 0 Comments

Plaintiff Najee Paschall was in the vicinity of the Defendant Norfolk Square Apartments when he was shot as a result of a drive-by shooting. He was walking by the apartments when he saw a white van drive by, open its doors, and a person started shooting. Plaintiff was shot in the back. In Paschall v. […]

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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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