A Capehart Scatchard Blog

Negligence

Plaintiff Failed to Prove Defendant Negligently Operated Her Vehicle at Uncontrolled Intersection

By on July 6, 2018 in Negligence with 0 Comments

Plaintiff Maria Troiani-Schwartz and Defendant Elizabeth Dicker collided at an uncontrolled intersection in Hopewell, New Jersey. The traffic light at the intersection was not functioning due to Hurricane Sandy. In Troiani-Schwartz v. Dicker, 2018 N.J. Super. Unpub. LEXIS 1520 (App. Div. June 26, 2018), the plaintiff contended that summary judgment was inappropriate because there was […]

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Allocation of Negligence as to Fictitious Defendant Permitted in Automobile Accident Lawsuit

By on May 18, 2018 in Negligence with 0 Comments

I had previously reported on the Appellate Division decision in Krzykalski v. Tindall, 448 N.J. Super. 1 (App. Div. 2016), in which the court upheld the trial court’s decision to allow the jury to allocate negligence between defendant David Tindall and the fictitiously named John Doe defendant in an automobile accident case. The New Jersey […]

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Store Found Not Negligent for Plaintiff Who Was Injured Tripping Over Mannequin Platform

By on October 27, 2017 in Negligence with 0 Comments

Plaintiff Patricia Rieger was shopping at the defendant Loft store in Marlton, NJ when she suffered an injury. She was trying on a scarf and, while viewing herself in the mirror of the common dressing area of the store, she backed up, tripped and fell over a platform behind her. Her trip caused the mannequin […]

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Res Ipsa Loquitor Doctrine Not Available to Establish Negligence for Injury Due to Elevator Doors

By on October 20, 2017 in Negligence with 0 Comments

Plaintiff Nadine Ambrico was injured when an elevator door closed on her hand and arm. The elevators were maintained by defendant Thyssenkrupp Elevator Corp. on a monthly basis. The issue in Ambrico v. Thyssenkrupp Elevator Corp., 2017 N.J. Super. Unpub. LEXIS 2558  (App. Div. October 13, 2017) was whether plaintiff needed an expert to pursue […]

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Expert Testimony Needed to Establish Negligence Claim Based Upon Violation of State And Local Codes

By on October 6, 2017 in Negligence with 0 Comments

Plaintiff Cornelia Wright was a tenant, living on the fourth floor of a Jersey City apartment building owned by defendant Premier Business Management, when she fell and was injured, while walking down a dark stairwell in the building.  The building’s power was out due to an electrical power outage in Jersey City from Super Storm […]

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Allocation of Negligence as to Fictitious Defendant Permitted in Personal Injury Action

By on December 16, 2016 in Negligence with 0 Comments

Plaintiff Mark Krzykalski sued defendants David Tindall and a John Doe, alleging negligence in the operation of their vehicles that caused an accident in which he was injured. At trial, the judge allowed the jury to allocate negligence between defendant Tindall and the fictitiously named John Doe. In the published decision of Krzykalski v. Tindall, […]

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Plaintiff’s Flooring Expert Report Barred as Net Opinion

By on November 11, 2016 in Negligence with 0 Comments

Plaintiff Elaine Anderocci was shopping in a retail store known as Reed Krakoff, in the Short Hills Mall, when she reached for a handbag and slipped and fell, fracturing her shoulder. Plaintiff claimed that the floor was very slippery, “like a sheet of glass.” In Anderocci v. Coach, Inc., 2016 N.J. Super. Unpub. LEXIS 2343 […]

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Res Ipsa Loquitur Not Apply for Negligence Claim Due to Injury from Eating Dessert from Fast Food Restaurant

By on September 2, 2016 in Negligence, Uncategorized with 0 Comments

Plaintiff Erik Lukmann claims to have been injured while biting down on an ice cream dessert purchased from Wendy’s. He bit down, felt a hard object, and spit out a coin. As a result, he broke several veneers on his teeth. In Lukmann v. Wenesco Restaurant Systems, Inc., 2016 N.J. Super. Unpub. LEXIS 1089 (App. […]

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Neighbor Found Not Liable for Plaintiff’s Fall on Sidewalk Due to Snow and Ice

By on June 3, 2016 in Liability, Negligence with 0 Comments

Plaintiff Pietra Ilg sued her neighbors Tom and Patricia Meade for injuries she suffered when she fell on the sidewalk in front of their home. She slipped and fell on ice as she walked next door to defendants’ home. She was walking to their home to assist the parties’ children with a science project. In […]

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Accident Caused by Rear-End Collision Does Not Automatically Establish Negligence of the Driver who Rear-Ended Other Vehicle

By on May 13, 2016 in Negligence with 0 Comments

Plaintiff, Marie Richardson, was injured while a passenger on a bus operated by her co-employee, Michelle Herbert (“Herbert”). As the bus approached a traffic light, it rear-ended the vehicle being driven by the defendant Helen Milling. A factual dispute existed as to the color of the traffic light at the intersection where the accident occurred […]

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