A Capehart Scatchard Blog

Liability

Homeowners Found Not Liable for Slip and Fall on Ice on Adjoining Public Sidewalk Due to a Refreeze of Water From Homes’ Downspouts

By on January 5, 2018 in Liability with 0 Comments

Plaintiff Rosa Perez slipped and fell on a public sidewalk in Harrison, New Jersey while walking in front of the row-homes of defendants Joseph and Jane Bator and Jose and Rosalyne Parraguez. Both homes had rooftop gutters and downspouts that channeled rain water and snowmelt into the common alleyway between the two homes and spilled […]

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Condominium Association Not Liable for Injury on Sidewalk Adjacent to Its Buildings

By on December 15, 2017 in Liability with 0 Comments

Plaintiff Tina Waldeier was injured when thrown from her bicycle due to a defect in the sidewalk adjacent to the defendant Piper I Townhouse Condominium buildings. The Condominium Association argued that the condominiums were predominantly residential and, hence, it was not liable for the defects in the public sidewalk. In, Waldeier v. Piper 1 Townhouse […]

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Homeowner Found Not Liable for Injury Resulting from Fall on Driveway During Ongoing Snowstorm

By on December 8, 2017 in Liability with 0 Comments

Plaintiff, Michael Mangone, a UPS delivery worker, suffered an injury due to a fall from snow on the driveway of defendant Beverly Beer. Plaintiff sued Beer, claiming negligence. The question in Mangone v. Beer, 2017 N.J. Super. Unpub. LEXIS 2855 (App. Div. Nov.16, 2017) was whether the defendant breached any duty of care owed to […]

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A Refresher on the Standards for a Motion for Summary Judgment in the Context of Potential Liability of a Volunteer Athletic Coach

By on December 1, 2017 in Liability with 0 Comments

By:  Christopher J. Carlson, Esq. Edited by: Betsy G. Ramos, Esq. The Appellate Division recently decided a case with a fairly unusual fact pattern which nonetheless is instructive regarding the issue of Motions for Summary Judgment in general, as well as the more narrow issue of the potential liability of volunteer athletic coaches. Mone v. […]

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Continuous Trigger Theory of Insurance Coverage Applied to Third Party Liability Claims Involving Progressive Damage to Property in Construction Defect Case

By on October 13, 2017 in Liability with 0 Comments

In a case of first impression, the Appellate Division in Air Master & Cooling, Inc. v. Selective Insurance Company of America, 2017 N.J. Super. LEXIS 144 (App. Div. October 10, 2017), in a published decision, ruled that the continuous trigger theory of insurance coverage may be applied in New Jersey to third party liability claims […]

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Homeowners Found Not Liable for Guest Who Drowned in Their Pool

By on July 28, 2017 in Liability with 0 Comments

Defendants Doris and James Astacio permitted Doris’ sister and brother-in-law, Diana and Jason Adams, to host a sixteenth birthday party for their son at their home. Dafiq Rasheed, an adult guest, drowned in their pool and his father filed a negligence action against the defendants for a survivorship claim and a wrongful death claim on […]

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Plaintiff’s Liability Release Bars Her Personal Injury Claim Against Health Club

By on July 21, 2017 in Liability with 0 Comments

By: Jack Hagerty, Law Clerk Editor: Betsy G. Ramos, Esq. Less than three months after joining Eclipse Sports and Wellness, gym member Maria Pulice was injured at the club when a ten-pound dumbbell fell on her face as her trainer, Oscar Cortes, whom she hired through the club, was handing it to her to perform […]

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Owner of Three Family Home Has No Liability for Injury Caused by Fall on Sidewalk Adjacent to Home

By on June 16, 2017 in Liability with 0 Comments

Plaintiff Scott Valentine suffered injuries when he fell on ice or snow on the public sidewalk abutting the three family home owned by defendants Maximo and Ana Almanzar. The issue in Valentine v. Almanzar, 2017 N.J. Super. Unpub. LEXIS 1440 ( App. Div. June 12, 2017) was whether the defendant homeowners had a legal duty […]

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Dog Owner Found Not Liable For Injury Caused By Her Dog Knocking Over Neighbor

By on May 12, 2017 in Liability with 0 Comments

The plaintiff Terri Hackett brought her rat terrier, Chancellor, to the property of the defendants William and Joan Musey to play with Molly, their sixty pound Labrador. While the dogs were running around the backyard, Molly suddenly knocked plaintiff down from behind, causing her injury. In Hackett v. Musey, 2017 N.J. Super. Unpub. LEXIS 721 […]

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Homeowner Found Not Liable to Guest Injured in Trip over Threshold

By on April 13, 2017 in Liability with 0 Comments

Plaintiffs Libia and Peter Price were guests of defendants Howard Colodne and Louise Colodne celebrating Easter. As Libia was leaving defendants’ home, the heel of her shoe caught on the metal weather-strip of the door threshold and she fell. In Price v. Colodne, 2017 N.J. Super. Unpub. LEXIS 741 (App. Div. Mar. 27, 2017), the […]

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