A Capehart Scatchard Blog

Negligence

University Found Potentially Liable To Roofing Contractor Who Was Injured When He Fell Off The Library Roof

By on October 11, 2019 in Negligence with 0 Comments

Plaintiff, Sonny Cabrera, Jr., an employee of KB Electric Services Company, Inc. (“KB”), was changing lights on top of the University’s library when he fell off the roof because of a loose balustrade and suffered injuries.  The issue in Cabrera v. Fairleigh Dickinson University, 2019 N.J. Super. Unpub. LEXIS 2068 (App. Div. October 8, 2019), […]

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Appellate Division Finds That Homeowner May Be Responsible For Her Sister’s Fall Due to a Negligently Maintained Handrail

By on October 4, 2019 in Negligence with 0 Comments

Plaintiff Dawn O’Neill claimed to have suffered a serious injury when she fell down the exterior steps of her sister’s home due to a negligently maintained handrail.  The trial court had granted summary judgment to the defendants (plaintiff’s sister and her brother-in-law), determining that they did not breach any duty owed to plaintiff and that […]

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Driver Of Automobile Found Not Liable For Auto Accident When No Ability to Avoid Collision

By on September 20, 2019 in Negligence with 0 Comments

Plaintiff Cirillo Gonzalez was a passenger in the motor vehicle being operated by defendant Hector Lopez, which was involved in a collision with defendant Everlynia Hudson.  The Hudson vehicle entered the roadway in front of the Lopez vehicle without stopping at a stop sign.  The issue in Gonzalez v. Lopez, 2019 N.J. Super. Unpub. LEXIS […]

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Expert Testimony Not Needed to Establish Unlit Walkway Drop Off Was A Dangerous Condition

By on August 30, 2019 in Negligence with 0 Comments

Plaintiff Holly Hughes was a Certified Nursing Assistant who was hired by the defendant decedent’s daughter to provide nursing care to decedent (Leonard Owen) in his home.  On her first day of work, as she was leaving work, she tripped and fell at the end of the walkway, apparently due to a substantial drop off.  […]

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Supreme Court Finds That Defendant Employee Was Not Obligated To Report That His Co-Worker Was Engaged In Sexual Relationship With Minor

By on August 9, 2019 in Negligence with 0 Comments

When minor Plaintiff G.A.H. was 15 years old, she began a sexual relationship with the defendant “Kenneth” when he was 44.  During the time period of this illegal relationship, Kenneth worked for defendant GEM Ambulance LLC (“GEM”) as an EMT.  The issue in the New Jersey Supreme Court case of G.A.H. v. K.G.G., 2019 N.J. […]

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Owner of Commercial Property With Triple Net Lease Agreement Found Not To Be Liable For Fall on Sidewalk

By on July 19, 2019 in Negligence with 0 Comments

Plaintiff Edna Albert slipped and fell on a sidewalk outside a Pathmark grocery store and suffered personal injuries.  The Pathmark had leased the premises from Klingensmith Associates, LLC (“Klingensmith”).  The issue in Albert v. Pathmark Stores, Inc., 2019 N.J. Super Unpub. LEXIS 1586 (App. Div. July 10, 2019), was whether the commercial landowner, Klingensmith, who […]

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Landlord Found Not Liable to Injured Tenant Who Fell on Ice During Storm

By on May 24, 2019 in Negligence with 0 Comments

Plaintiff, Samir Abdalla, alleged that he slipped and fell on an icy walkway in his apartment complex and suffered a fractured radius in his left arm. He sued his landlord Threegees t/a Monaco Arms, Inc., claiming that the defendant was negligent in failing to clear ice on the sidewalk in the apartment complex. The issue […]

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Snow In Progress Defense Upheld By the Appellate Division

By on May 3, 2019 in Negligence with 0 Comments

Plaintiff, Janet Dixon, while leaving work, slipped and fell on a sidewalk due to snow and ice.  It was undisputed that she fell during a snow storm.  In Dixon v. HC Equities Associates, 2019 N.J. Super. Unpub. LEXIS 1005 (App. Div. May 2, 2019), the issue was whether the defendant property owner was liable due […]

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Retailer Found Not Liable for Fall in Parking Lot Due to Snow and Ice Based Upon Ongoing Snowstorm

By on March 8, 2019 in Negligence with 0 Comments

Plaintiff Folusho Oyebola fell in the Walmart parking lot during a snowstorm and sued Wal-Mart Stores, Inc. and Tree Fellas, LLC, Walmart’s snow contractor, for her injuries. In Oyebola v. Wal-Mart Stores, Inc., 2019 N.J. Super. Unpub. LEXIS 432 (App. Div. Feb. 25, 2019), the issue was whether either defendant breached a duty of care […]

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Loss of Control Over Motor Vehicle Due to Slippery Substance on Roadway Does Not Definitively Establish Negligence

By on February 8, 2019 in Negligence with 0 Comments

Plaintiff Fr. Babu T. Paramel (“Paramel”) was in a motor vehicle accident with defendant Merca Martinez (“Merca”) on Rt. 7 in Jersey City. Prior to the accident, Paramel had been driving eastbound on Rt. 7 and Merca was travelling westbound. As plaintiff was driving over a bridge, Merca lost control of her car due to […]

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