A Capehart Scatchard Blog

Negligence

Kean University Found To Be Immune From Liability Under The Charitable Immunity Act For Plaintiff’s Fall At Soccer Game At Kean University Stadium

By on April 8, 2022 in Negligence with 0 Comments

Plaintiff Kathleen Fisher attended a high school soccer championship game which was held at the Kean University stadium.  The game was sponsored by the New Jersey State Interscholastic Athletic Association (NJSIAA).  While leaving the stadium after the game finished, plaintiff tripped and fell on a raised sidewalk and suffered an injury.  Plaintiff sued Kean University […]

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Fitness Club’s Waiver of Liability and Assumption of Risk Clauses in Agreement Found to Bar Member’s Personal Injury Claim

By on February 18, 2022 in Negligence with 0 Comments

Plaintiff, Leah Skarbnik was a member of the defendant fitness facility, Life Time Fitness, Inc., and was injured after participating in a yoga class at the facility. She fell after participating in a “hot yoga” class. The issue in Skarbnick v. Life Time Fitness, Inc., 2021 N.J. Super. Unpub. LEXIS 2068 (App. Div. Sept. 2, […]

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Landlord Found Not Liable For Tenant’s Fall On Interior Stairway of Residence

By on January 28, 2022 in Duty of Care, Negligence with 0 Comments

Plaintiffs Charles and Deborah Stenger sued their landlord, defendant Bulent Koroglu, for Charles Stenger’s trip and fall that occurred on the bottom step on the stairway to plaintiffs’ leased residence.  They allege that their landlord failed to warn them of a latent defect in the stairway.  The issue in Stenger v. Koroglu, 2022 N.J. Super. […]

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Personal Injury Claim Against Church Barred by Charitable Immunity Act

By on January 7, 2022 in Negligence with 0 Comments

Plaintiff Michele Bass fell and suffered an injury while walking down an exterior staircase while attending a meeting at the defendant House of Prayer, Church of God in Christ of Orange. She claimed that she fell due to a negligent condition of the Church’s stairs, including dangerous cracks. The issue in Bass v. House of […]

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Plaintiff’s Slip And Fall Claim Dismissed Due To Her Failure To Prove Store Had Notice Of Water On Floor

By on October 22, 2021 in Negligence with 0 Comments

Plaintiff Maria Quinones slipped and fell on water on the floor of Kohl’s Clifton store.  She fell on water, described as a two foot long strip of water, as she was walking towards the checkout lane to get in line.  The issue in Quinones v. Kohl’s Department Stores, Inc., 2021 N.J. Super Unpub. LEXIS 2067 […]

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Neither Wawa, Nor The State Held Liable For Accidents That Occurred Due To Drivers Making An Illegal Left Turn Into A Wawa Driveway

By on October 1, 2021 in Negligence with 2 Comments

In a published decision, the Appellate Division considered appeals from two cases involving motor vehicle accidents that occurred about one year apart at about the same location under similar circumstances.  In both cases, a driver traveling westbound on Route 322 in Folsom, New Jersey made an illegal left turn in the direction of one of […]

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Due To Lack Of Notice Of Buckled Rug, Casino Hotel Found Not Liable For Plaintiff’s Trip And Fall Over Rug

By on September 10, 2021 in Negligence with 0 Comments

Plaintiff Denean Davis was gambling at defendant’s casino in Atlantic City.  After gambling for about an hour, plaintiff left the building to take a phone call.  When she exited the building, the mat in front of the door was flush against the ground.  Forty-two seconds later when she reentered the building, the rug was “buckled,” […]

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Plaintiff’s Burn Claim from Hot Marinara Sauce Not Barred Due to Disposal of Marinara Sauce Container

By on September 3, 2021 in Negligence with 0 Comments

Plaintiff Martha Valdez ordered pizza and mozzarella sticks from the defendant Brooklyn’s Coal Burning Brick Oven Pizzeria.  After purchasing the food, she returned to her car with her husband and he gave her the bag containing the mozzarella sticks and marinara sauce and she put the bag on her lap.  After driving to the home […]

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General Contractor Found Not to Be Liable for Injury To Subcontractor’s Employee at Job Site

By on August 27, 2021 in Negligence with 0 Comments

The defendant Louis Gargiulo Company, Inc. (“Gargiulo”) was hired as a general contractor to perform certain work at the Hudson County Schools of Technology (“HCST”).  Defendant Gargiulo hired Adamo Brothers Construction (“Adamo”) as its subcontractor to perform a portion of the removal and replacement of concrete at HCST.  Plaintiff Luis Alfredo Sutuj, an Adamo employee, […]

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Apartment Building Owner Found Not To Be Liable For Injury From Fall On Slippery Stairs Due To Lack Of Notice Of Condition Of Stairs

By on August 13, 2021 in Negligence with 0 Comments

Plaintiff Widelande Raymond suffered a serious bodily injury when she slipped and fell on a slippery substance on her apartment building’s stairs. She sued the building owner, Layna Realty, LLC, and the property manager, Pentaurus Properties, LLC. The issue in Raymond v. Layna Realty, LLC, 2021 N.J. Super. Unpub. LEXIS 1673 (App. Div. Aug. 10, […]

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