A Capehart Scatchard Blog

Negligence

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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, […]

Share

Continue Reading »

Top