A Capehart Scatchard Blog

Negligence

Target Found Not Liable for Child’s Injury Which Occurred After Fall off Bollard in Front of Store

By on June 5, 2020 in Negligence with 0 Comments

The minor plaintiff, five year old, Vince Costello, was shopping at a Target Store with his aunt, Liza Costello.  After shopping, they were waiting outside the store for a ride home when Vince began playing on top of a red, spherical bollard in front of the store.  After playing for some time, he fell off […]

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County Found Not Liable For Trip Over Pipe Due To Plaintiff’s Failure To Prove Notice

By on May 29, 2020 in Negligence with 0 Comments

Plaintiff Ellen Cavilla tripped over a partially exposed pipe and broke her wrist while fishing in Gaskill Park in April 2015.  She sued Atlantic County for negligence due to her injuries.  The issue in Cavilla v. County of Atlantic, 2020 N.J. Super. Unpub. LEXIS 877 (App. Div. May 11, 2020), was whether a negligence claim […]

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Private Owner Of Parking Lot Leased To Municipality Found Not Liable For Fall On Ice In Lot

By on May 22, 2020 in Negligence with 0 Comments

The plaintiff Richard Underhill parked his car in a municipal parking lot known as the Kaplan Lot located in the Borough of Caldwell.  He walked across the street with his wife and friends to eat dinner at a nearby restaurant.  Upon returning to his parked car, he walked up an internal driveway that connected the […]

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New Jersey Appellate Division Rejects Storm In Progress Defense

By on April 13, 2020 in Negligence with 0 Comments

In a published decision involving a slip and fall accident on a public sidewalk due to black ice, the Appellate Division rejected the ongoing-storm rule as a defense (aka the Storm in Progress rule). Instead, in Pareja v. Princeton International Properties, 2020 N.J. Super. LEXIS 41 (App. Div. Apr. 9, 2020), the Court held that […]

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Disabled Motor Vehicle Driver Found Not Liable To Police Officer Injured In The Course Of Pushing Her Car To Side Of Roadway

By on March 6, 2020 in Negligence with 0 Comments

Plaintiff, Jean–Pierre Therrien, while on duty as a police officer, observed a disabled motor vehicle with its hazard lights activated, blocking a busy intersection.  Plaintiff spoke with the defendant driver Lynda Blow and learned that her vehicle had run out of gas.  While in the process of helping push her vehicle to the side of […]

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Residential Property Owner Found Not Liable for Plaintiff’s Injury Caused by Raised Public Sidewalk Slab Abutting Owner’s Home

By on February 7, 2020 in Negligence with 0 Comments

Plaintiff Carla Israel was walking on the sidewalk bordering the rear of the defendant’s home located in East Brunswick, New Jersey.  She fell as a result of an uneven slab of sidewalk and suffered an injury.  The issue in Israel v. Gross, 2019 N.J. Super. Unpub. LEXIS 2538 (App. Div. December 12, 2019) was whether […]

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Owner of Commercial Property Does Not Owe Its Tenant’s Invitee Duty to Clear Snow and Ice from Property’s Driveway While Property in Sole Possession and Control of Tenant

By on January 31, 2020 in Negligence with 0 Comments

In the published New Jersey Supreme Court decision of Shields v. Ramslee Motors, 2020 N.J. LEXIS 17 (2020), the Court was asked to decide whether the owner of a commercial property owed to its tenant’s invitee a duty to clear snow and ice from the property’s driveway while the property was in the sole possession […]

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Owner Of Motor Vehicle Not Liable For Accident When Driver Not Acting As Her Agent

By on January 24, 2020 in Negligence with 0 Comments

Plaintiff Giuseppe Scaturro was driving a motor vehicle with plaintiff Nelys Hernandez as a passenger when her vehicle was rear ended by the vehicle owned by defendant Ruth Otles. Otles was not in her vehicle at the time of the accident, which was being driven by Sen Turan.  The issue in Hernandez v. Otles, 2019 […]

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Premises Liability Case Dismissed Against Supermarket Due To Plaintiff’s Failure To Prove Constructive Notice of Spill

By on January 10, 2020 in Negligence with 0 Comments

The plaintiff Beverly Jackson slipped and fell on a quarter size dollop of shampoo from a bottle that had just fallen from the shelf in the pharmacy department of the defendant supermarket.  Based upon video evidence, this shampoo had fallen on the ground three minutes before her fall.  In Jackson v. ShopRite of Ewing, 2019 […]

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Meeting the Verbal Threshold Requirement for an Automobile Accident Injury through Scarring or a Permanent Injury

By on November 8, 2019 in Negligence with 0 Comments

The Verbal Threshold is a threshold requirement set by the New Jersey Legislature for an individual to be compensated for bodily injuries suffered in an auto accident. The Verbal Threshold, or the Limitation on Lawsuit option, was created in an effort to reduce the cost of car insurance by limiting a person’s ability to sue […]

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