A Capehart Scatchard Blog

Negligence

Appellate Division Rejects Ongoing Storm Rule in Second Decision

By on October 9, 2020 in Negligence with 0 Comments

Plaintiff Josselyn Berniz (“Berniz”) worked as a housekeeper for defendants Jeffrey and Aisha Atkins. After cleaning their home, while leaving, she fell on their snow covered driveway.  It was still snowing when she left the defendants’ home. The issue in Berniz v. Atkins, 2020 N.J. Super. Unpub. LEXIS 1900 (App. Div. Oct. 8, 2020) was […]

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Defendant Underage Adult May Be Held Liable To Third Party Injured Due To Defendant Facilitating The Use Of Alcohol To Underage Adult At His Residence

By on September 25, 2020 in Negligence with 0 Comments

Defendant Mark Zwierzynski (“Zwierzynski”), age 19, permitted his underage adult friends to consume alcoholic beverages in his home. Two of his guests, plaintiff’s decedent Brandon Tyler Narleski (age 19) and plaintiff Nicholas Gomes (age 20) left his home severely intoxicated. Shortly thereafter, Gomes lost control of his vehicle and crashed, causing Narleski’s death. In Estate […]

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Red Lobster Found Potentially Liable To Customer For Injury From Fall On Oily Steps

By on September 4, 2020 in Negligence with 0 Comments

The plaintiff, Mia Alers-Alvira, was leaving the Red Lobster restaurant when she slipped and fell on the last of three steps that led to the entrance/exit pathway of the Red Lobster.  She claimed that she fell on the oily residue on these concrete steps.  In the case of Alers-Alvira v. Red Lobster Restaurant, Inc., 2020 […]

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Assault or Battery Exclusion Bars Claim Against Insurance Company for Tavern’s Defense and Indemnification as to Lawsuit Involving Fatal Shooting of Patron

By on August 28, 2020 in Negligence with 0 Comments

In the published Appellate Division decision, Pickett v. Moore’s Lounge, 2020 N.J. Super. LEXIS 208 (App. Div. August 25, 2020), the Court was asked to decide whether insurance coverage existed as to the defendant tavern to cover the lawsuit against it for the fatal shooting of one its patrons. The tavern’s insurance company, Northfield Insurance […]

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District Court Dismisses Claim For Personal Injury Caused By A Trip Over Advertising Sign

By on July 31, 2020 in Negligence with 0 Comments

Plaintiff Richard Connors visited the defendant’s Sam’s Club Store on a clear, sunny and dry day.  Outside the store entrance was a metal advertisement sign, which was positioned next to a flower display and about three feet to the right of the entrance door marked “Welcome.”  In Connors v. Wal-Mart Stores Inc., 2020 U.S. Dist. […]

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Plaintiff Unable to Pursue Injury Claim Incurred When Knocked Over By Defendants’ Dog in Dog Park

By on July 10, 2020 in Negligence with 0 Comments

Plaintiff, Janet Freed, took her dog, a female golden doodle, into the Off-Leash Dog Area of Thompson Park, a Monmouth County Park. The dog owned by the defendants Linda and Frank Bastry, a male golden retriever, ran into plaintiff while chasing her dog and caused her injury.  In Freed v. Bastry, 2020 N.J. Super. Unpub. LEXIS […]

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Target Found Not Liable for Child’s Injury Which Occurred After Fall off Bollard in Front of Store

By on June 5, 2020 in Negligence with 0 Comments

The minor plaintiff, five year old, Vince Costello, was shopping at a Target Store with his aunt, Liza Costello.  After shopping, they were waiting outside the store for a ride home when Vince began playing on top of a red, spherical bollard in front of the store.  After playing for some time, he fell off […]

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County Found Not Liable For Trip Over Pipe Due To Plaintiff’s Failure To Prove Notice

By on May 29, 2020 in Negligence with 0 Comments

Plaintiff Ellen Cavilla tripped over a partially exposed pipe and broke her wrist while fishing in Gaskill Park in April 2015.  She sued Atlantic County for negligence due to her injuries.  The issue in Cavilla v. County of Atlantic, 2020 N.J. Super. Unpub. LEXIS 877 (App. Div. May 11, 2020), was whether a negligence claim […]

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Private Owner Of Parking Lot Leased To Municipality Found Not Liable For Fall On Ice In Lot

By on May 22, 2020 in Negligence with 0 Comments

The plaintiff Richard Underhill parked his car in a municipal parking lot known as the Kaplan Lot located in the Borough of Caldwell.  He walked across the street with his wife and friends to eat dinner at a nearby restaurant.  Upon returning to his parked car, he walked up an internal driveway that connected the […]

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New Jersey Appellate Division Rejects Storm In Progress Defense

By on April 13, 2020 in Negligence with 0 Comments

In a published decision involving a slip and fall accident on a public sidewalk due to black ice, the Appellate Division rejected the ongoing-storm rule as a defense (aka the Storm in Progress rule). Instead, in Pareja v. Princeton International Properties, 2020 N.J. Super. LEXIS 41 (App. Div. Apr. 9, 2020), the Court held that […]

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