A Capehart Scatchard Blog

Litigation

Expert Testimony Needed for Questioning as to Airbag Deployment in Automobile Accident Case

By on November 9, 2018 in Litigation with 0 Comments

In a recently published Atlantic County Law Division case, Taing v. Braisted, 2017 N.J. Super. LEXIS 182 (Law Div. October 23, 2017), Judge Marczyk dealt with the issue as to whether defense counsel can question plaintiff about whether his airbag deployed in his vehicle at the time of the accident. The judge noted that there […]

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Modified Jury Charge Permitted Concerning How to Evaluate Motor Vehicle Damage without Photographs of Vehicles

By on November 2, 2018 in Litigation with 0 Comments

In a published Law Division decision, Abdurraheem v. Koch, 2018 N.J. Super. LEXIS 145 (Law Div. Mar. 19, 2018), the trial judge in an Atlantic County automobile negligence case was asked to modify Model Jury Charge 5.34 “Photographic Evidence in Motor Vehicle Accidents,” when there was testimony as to the damage of the vehicles involved […]

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Offer of Judgment Sanctions Found Inapplicable in Multidefendant Case

By on August 17, 2018 in Litigation with 0 Comments

Plaintiff Josh Willner suffered an injury while climbing a rock climbing wall that was owned by his employer (Ivy League Day Camp). He sued the camp, the manufacturer of wall and parts in the wall (Vertical Reality, Inc. and ASCO Numatics) under product liability theories. Before trial, he made a single offer of judgment as […]

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Supermarket Found Not Liable for Vandalism to Employee’s Car Parked in Designated Area of Shopping Center Parking Lot

By on July 13, 2018 in Litigation with 0 Comments

Plaintiff Tanisha Lane, a Whole Foods’ employee, was directed by her employer to park her vehicle in an area of the shopping center distant from the entrance to the store. While parked in that area during her shift, her side view mirror was stolen. The issue in Lane v. Whole Food, 2018 N.J. Super. Unpub. […]

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Plaintiff’s Retail Safety Expert Found Not Qualified to Testify as Expert

By on May 4, 2018 in Litigation with 0 Comments

Plaintiff Kim Yazujian sued PetSmart for an injury that occurred due to a slip and fall at one of their stores. The case was tried before a jury and the jury found PetSmart not liable. Plaintiff appealed on the basis that the trial court judge abused its discretion in excluding his retail safety expert from […]

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Plaintiff’s Failure to Notify His Auto Insurance Carrier of Litigation Against Underinsured Tortfeasor Bars UIM Claim

By on April 20, 2018 in Litigation with 0 Comments

Plaintiff Robert Ferrante was injured in an automobile accident in which the other motorist (“the tortfeasor”) caused the accident. Without informing his automobile insurance company, New Jersey Manufacturers (“NJM”), Plaintiff filed a lawsuit against the tortfeasor, participated in mandatory arbitration, rejected the award and asked for a trial de novo, refused a settlement offer, tried […]

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Litigation Privilege Bars Lawsuit as to Alleged Defamatory Statement Made by Litigant

By on March 23, 2018 in Litigation with 0 Comments

The plaintiff (an attorney) sued his former client, defendant Shai Harmelech, to collect on an unpaid legal bill. In the course of that lawsuit, the trial judge asked the parties if they would be interested in participating in a mediation to resolve the dispute. In response to the court’s request, Harmelech sent an email to […]

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How to Apply Offer of Judgment Rule in an Underinsured Motorist Case

By on February 23, 2018 in Litigation with 0 Comments

Plaintiff Sharon Seamon filed a lawsuit against her insurance company State Farm Insurance Company for underinsured motorist benefits (“UIM”) for injuries she suffered in an automobile accident. At trial, the jury awarded her $375,733.36 for her injuries. The issues in Seamon v. State Farm Insurance Co., 2017 N.J. Super. Unpub. LEXIS 3069 (App. Div. Dec. […]

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Out-of-State Pedestrian Injured in New Jersey Not Entitled to PIP Benefits Under Deemer Statute

By on June 23, 2017 in Litigation with 0 Comments

Plaintiff, Kathleen Leggette, a Virginia resident, was visiting her daughter at Princeton University and, while crossing the street, she was struck by a New Jersey driver. She was insured by Government Employees Insurance Company (“GEICO”) and claimed that GEICO should provide personal injury protection (“PIP”) coverage to pay for her bills under the Deemer Statute. […]

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Occasional Business Use of Residence Does Not Convert Property to a Commercial Use for Purposes of Applying Sidewalk Law

By on May 18, 2017 in Litigation with 0 Comments

Plaintiff James Engle fell on a public sidewalk in front of a residence owned by Melissa and Michael Larkin and sued them for the injuries he suffered from his fall. The defendant Michael Larkin owned a business, Paradise Pavers Pond Landscaping, LLC, and plaintiff asserted that it was operated out of this residence. In Engle […]

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