A Capehart Scatchard Blog

Negligence

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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New Jersey Supreme Court Adopts “Ongoing Storm” Rule with Limited Exceptions

By on June 18, 2021 in Negligence with 0 Comments

In a June 10, 2021 opinion written in Pareja v. Princeton International Properties, Inc., 2021 N.J. LEXIS 549 (2021), the New Jersey Supreme Court adopted the “Ongoing Storm” Rule, which should be very useful to the defense bar in pursuing Summary Judgment as to claims arising out of slip and fall events that take place […]

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New Jersey Rescue Doctrine Does Not Apply To Rescue Of Pet Owned By Defendants

By on June 4, 2021 in Negligence with 0 Comments

Plaintiff Ann Samolyk almost drowned when she tried to rescue a dog owned by defendants Ilona and Robert Destefinis that had wandered into a canal between their respective homes in Forked River, New Jersey.  After trying to rescue the dog, Ann was found unconscious on a “floating dock” and suffered “debilitating brain damage.” In the […]

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Plaintiff’s NJ Lawsuit Dismissed Due To Inability To Describe Cause Of Trip And Fall

By on May 7, 2021 in Negligence with 0 Comments

Plaintiff Evangelos Vassilakis sued defendants Thomas Kelly and Bonita Duffy, the owners of the property where plaintiff was a tenant, and also sued the owners of the property next to plaintiff’s apartment due to injuries suffered in a fall.  Plaintiff claimed that he was injured when he fell on the defendants’ property.  The issue in […]

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County Not Entitled To Indemnification For Accident Caused By Its Own Negligence

By on April 30, 2021 in Negligence with 0 Comments

Plaintiff Matthew Domenick tripped and fell while playing a softball game at Johnson Park in Piscataway.  As sponsor of the softball league, defendant Brian Melnick obtained a permit from the defendant County of Middlesex.  Melnick signed the County’s rules and regulations which contained a hold harmless agreement, requiring indemnification for claims arising from the conduct […]

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