A Capehart Scatchard Blog

Negligence

Commercial Landowner Found Not Entitled to Summary Judgment for Fall on Ice Based Upon Exception to Ongoing Storm Rule

By on February 17, 2023 in Negligence, NJ Litigation with 0 Comments

Plaintiff Adel Hanna fell in the parking lot of the Woodland condominium complex on January 7, 2017, slipping on snow and ice in an unplowed parking lot.  The issue in Hanna v. Woodland Community Association, 2022 N.J. Super. Unpub. LEXIS 2180 (App. Div. Nov. 17, 2022) was whether the defendant owner and property manager were […]

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Owner of Vacant Lot Adjoining Public Sidewalk Held Not Liable for Injury Caused by Fall on Sidewalk

By on January 6, 2023 in Negligence, NJ Litigation, Sidewalks with 0 Comments

Plaintiff Alejandra Padilla slipped and fell on the sidewalk adjoining a vacant lot in Camden, which was owned by the defendants Myo Soon and Young Il an.  She claimed to have suffered permanent injuries as a result of her fall.  The issue in Padilla v. Young Il an, 2023 N.J. Super. Unpub. LEXIS 14 (App. […]

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Municipality Found Not Liable for Injury Caused by Trip Over Raised Boardwalk Board

By on December 29, 2022 in Negligence, NJ Litigation with 0 Comments

Plaintiff Ercilia Rojas, while walking on the boardwalk in Atlantic City, tripped and fell over a raised board. As a result of her fall, she suffered a rotator cuff tear in her shoulder. She sued Atlantic City, among other defendants, alleging negligence for a dangerous condition on public property. The issue in Rojas v. AC […]

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Former Property Manager of Apartment Complex Found Not Liable to Plaintiff Who Was Shot by Estranged Husband While at Complex

By on December 16, 2022 in Negligence, NJ Litigation with 0 Comments

Plaintiff Fritzy Rivera was leaving her friend’s apartment at the Cherry Hill Towers apartment complex when she was shot by her estranged husband. He had accessed the apartment complex through an open security gate. The issue in Rivera v. Cherry Hill Towers, LLC, 2022 N.J. Super. LEXIS 142 (App. Div. Dec. 12, 2022) was whether […]

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Appellate Division Reverses Denial of Summary Judgment to Social Hosts for Plaintiffs’ Son Drowning in Their Pool

By on December 9, 2022 in Negligence, NJ Litigation with 0 Comments

By: Erika Vasant, Law ClerkEditor: Betsy G. Ramos, Esq. In August 2017, intoxicated, twenty-six year old Raniel Hernandez attended a party, where he subsequently drowned after jumping into a pool. Earlier this week, the New Jersey Appellate Division, addressed the tort claims arising from the tragic accident. Plaintiffs Silvana Lansigan Delvalle and Ralph Hernandez, parents […]

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Federal Judge Finds Mode of Operation Rule Does Not Apply to Accident Involving Motorized Cart in Store

By on December 2, 2022 in Negligence, NJ Litigation with 0 Comments

Plaintiff Talia Pena claimed that, while shopping in a store, she was struck by an unidentified customer operating a motorized shopping cart. While bending over to smell body sprays on a lower shelf near the self-checkout lanes, an unidentified female customer drove a motorized cart into her. The woman did not see Plaintiff because her […]

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Plaintiff’s Loading Dock Injury Claim Dismissed Due To Failure To Obtain Liability Expert Report

By on November 3, 2022 in Negligence, NJ Litigation with 0 Comments

Plaintiff Paomar Konteh was picking up a shipment at defendant McCollister’s Technical Services Inc.’s warehouse in New Jersey when he suffered an injury attempting to roll the defendant’s computer cabinets from the loading dock onto the back of his truck.  He sued the defendant McCollister for his injuries based upon several theories of liability.  The […]

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Supreme Court Determines Standard of Care of Negligence Claim Asserted by Student Against Coach

By on October 28, 2022 in Negligence, NJ Litigation with 0 Comments

Plaintiff Morgan Dennehy, a 17 year old high school senior, filed a lawsuit against her hockey team coach, defendant Dezarae Fillmyer, when struck by a stray soccer ball during practice.  The issue in Dennehy v. East Windsor Regional Board of Education, 2022 N.J. LEXIS 978 (October 26, 2022) was whether the coach’s acts and omissions […]

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Mode of Operation Rule Does Not Apply to Fall From Liquid on Floor Allegedly Resulting From a Water Bottle Spill

By on September 9, 2022 in Negligence, NJ Litigation with 0 Comments

The plaintiff Bridgett Knight alleged that she slipped and fell near the exit door of the defendant Family Dollar Stores as a result of liquid that she claimed emanated from a bottled beverage located in a self-service refrigerator near the cash register.  The plaintiff contended that the mode of operation doctrine should apply to this […]

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Plaintiffs Relying on the Doctrine of Res Ipsa Loquitur Must Establish That Their Own Conduct Was Not the Cause of Their Injuries

By on August 11, 2022 in Negligence, NJ Litigation with 0 Comments

By: Patrick J. Graham, Esq. Editor: Betsy G. Ramos, Esq. Plaintiff, Gladys Bednarko, sued Defendant, Ben’s Bagel Barn after she was hit on the back of her right foot by Defendant’s front door that she alleged closed “too fast” behind her. Specifically, Plaintiff alleged that upon leaving Defendant’s store front, she pushed open the front […]

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