A Capehart Scatchard Blog

Negligence

Homeowner Not Responsible For Plaintiff’s Injury From Trip Over Raised Sidewalk Due To Tree Root

By on April 16, 2021 in Negligence with 0 Comments

Plaintiff, Sevim Temiz, while walking past her neighbor’s residential property in Paramus, tripped over a raised portion of the sidewalk and fell.  She filed a lawsuit alleging that the defendants Ghanshyam Patel and Bijal Patel negligently maintained their property.  The issue in Temiz v. Patel, 2021 N.J. Super. Unpub. LEXIS 604 (App. Div. April 12, […]

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Plaintiff Able To Assert Negligent Infliction Of Emotional Distress Claim Against Vet For Decapitating Deceased Cat To Perform Rabies Test

By on April 9, 2021 in Negligence with 0 Comments

Plaintiff Mario Quesada brought his sick cat Amor to the defendant veterinarian Red Bank Veterinary Hospital where he was diagnosed with saddle thrombus which necessitated euthanization of the cat. Plaintiff was overcome with emotion and was permitted to say goodbye to Amor. During the euthanization process, the cat bit one of the nurses and the […]

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Borough Found Not Liable For Slip And Fall Injury Due To Alleged Depression In Grassy Area Of Municipal Park

By on April 2, 2021 in Negligence with 0 Comments

Plaintiff Suzanne Pagonis tripped and fell while walking across a grassy field at the Crestwood Lake Club, which was a recreational lake swimming complex owned by defendant Borough of Allendale and encompassed a municipal park, Crestwood Park.  Her daughter had participated earlier in the day in a softball tournament at the Club’s facilities.  Plaintiff fell […]

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Slip And Fall Plaintiff Not Required To Prove Notice Of Dangerous Condition If Created By Defendant

By on March 26, 2021 in Negligence with 0 Comments

The plaintiff Thomas Seeley was injured at Bally’s Casino when he slipped and fell in the public men’s restroom.  He had not noticed the moisture on the floor before he fell.  The issue in Seeley v. Caesars Entertainment, 2021 N.J. Super. Unpub. LEXIS 446 (App. Div. March 18, 2021), was whether the testimony that the […]

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Retail Store Found To Be Potentially Liable For Trip And Fall Caused By Gap Between Escalator Platform And Floor

By on February 26, 2021 in Negligence with 0 Comments

Plaintiff Arcelie Williams was injured while shopping at the defendant J.C. Penney store.  While on the second level of the store, she attempted to use the escalator to go down to the first level but her foot caught on a metal platform that was immediately in front of and connected to the escalator.  She fell […]

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Burden to Apportion Damages For Two Successive Accidents Shifted to Defendants If Plaintiff Suffered “Unitary” Harm

By on February 19, 2021 in Negligence with 0 Comments

Plaintiff Joseph Bucchi was involved in a pedestrian motor vehicle accident after an alleged altercation with defendant Janet DeLuca. After found lying in the street by another individual, he “wobbled into the street,” and was struck by defendant Joan Strothers’ vehicle. The issue in Bucchi v. DeLuca, 2020 N.J. Super. Unpub. LEXIS 2066 (App. Div. […]

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Third-Party Complaint Against Municipality Barred Due To Defendant’s Failure To Timely File A Notice Of Tort Claim

By on February 12, 2021 in Negligence with 0 Comments

Plaintiff Eartha Butler claims that, on March 18, 2018, she suffered injuries after tripping and falling on a sidewalk adjacent to the defendant Badr’s Jersey City private school (“Badr”).  Badr was unaware of plaintiff’s claim until seven months after the accident.  At that time, it served a notice of tort claim upon Jersey City.  The […]

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Plaintiff’s Negligence Claim Against Retailer Store Dismissed For Failure to Prove Causation for Fall

By on January 22, 2021 in Negligence with 0 Comments

Plaintiff Jeanne Ludwig was shopping at the Michaels store when she tripped and fell over the base of a railing while backing up inside a shopping cart corral inside the store.  Plaintiff was looking for lights to display on her windowsill and tripped when her foot hit the base of the railing for the cart […]

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General Contractor Found Not Responsible for Injury to Subcontractor Employee

By on January 15, 2021 in Negligence with 0 Comments

Defendant Louis Gargiulo Co., Inc. (“Gargiulo”) was hired as a general contractor to perform work at the Hudson County Schools of Technology. Defendant hired Adamo Brothers Construction (“Adamo”) to perform a portion of the work. Plaintiff, an Adamo employee, suffered an injury while operating a jackhammer on the job site. The issue in Sutuj v. […]

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Trial Court Committed Error In Permitting Plaintiff’s Alcohol Consumption Admitted Into Evidence In A Fall Down Case

By on December 18, 2020 in Negligence with 0 Comments

Plaintiff Elizabeth Harrington was having dinner at the defendant Fire & Oak restaurant in an elevated booth.  She had consumed two glasses of wine.  When she stepped down to exit the booth, she fell and fractured her hip.  The issue in Harrington v. South City Prime Montvale, LLC, 2020 N.J. Super. Unpub. LEXIS 2417 (App. […]

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