A Capehart Scatchard Blog

Liability

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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Supermarket Found Not Liable For Plaintiff’s Fall Due To Water On Store’s Floor

By on January 29, 2021 in Liability with 2 Comments

Plaintiff Sara Quejada was shopping with her daughter at defendant’s supermarket when she slipped and fell on water as they were near the checkout area of the store.  Plaintiff did not know the source of the water. The issue in Quejada v. ShopRite, 2021 N.J. Super. Unpub. LEXIS 91 (App. Div. Jan. 19, 2021) was […]

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Residential Owner of Three Family Apartment Building Found Not to be Liable for Fall on Adjoining Public Sidewalk

By on October 30, 2020 in Liability with 0 Comments

Plaintiff Gerard Rienzi, while an inspector for Union City, fell on the public sidewalk in front of the three family apartment building owned by defendant Vincent Giacoman. Plaintiff claimed to have suffered injuries when he fell in a hole in the sidewalk adjacent to Giacoman’s building. The issue in Rienzi v. Giacoman, 2020 N.J. Super. […]

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Owner of Building May Have Vicarious Liability for Customer’s Injuries from Dog Bite

By on October 2, 2020 in Liability with 0 Comments

Plaintiff Alisette Russo “Russo” was a customer at a jewelry store (Creations by Stefano, Inc.) when she was bitten by the dog owned by defendant Stefano Simone (“Simone”). The building was owned by defendant Platinum Realty Group, LLC (“Realty”). The issue in Russo v. Creations by Stefano, 2020 N.J. Unpub. LEXIS 1615 (App. Div. Aug. […]

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Recent Successful Motion to Bar Plaintiff’s Liability Expert as “Net Opinion” Resulting in Summary Judgment

By on September 18, 2020 in Liability with 0 Comments

Our firm recently prevailed on a Motion to Bar the report of a Plaintiff’s Expert as “Net Opinion,” which then led the Court to grant our Motion for Summary Judgment on behalf of our client.  The matter was Broome v. ShopRite of Millville, et al., venued in Cumberland County, Docket No. L-468-18.  This favorable disposition […]

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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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