A Capehart Scatchard Blog

Residential Landowners Found Not Liable For Plaintiff’s Injuries Due To Trip And Fall On Raised Sidewalk In Driveway Area

By on June 3, 2022 in NJ Litigation, Sidewalks with 0 Comments

In August, 2018, while walking on the sidewalk in front of defendants’ home, plaintiff Diane Conway tripped in the area of a raised concrete sidewalk slab.  Plaintiff claimed that she tripped over a “filled in” concrete or cement between two uneven concrete slabs.  The issue in Conway v. Serra, 2022 N.J. Super. Unpub. LEXIS 856(App. […]

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Court Finds That Plaintiff’s Notice Of Claim Substantially Complied With The Notice Requirements Of The Tort Claims Act

Plaintiff, a Rutgers Police Department Officer, was injured on July 12, 2018 when attacked by an individual attempting to be restrained by City of Newark Police officers.  Plaintiff alleges to have suffered serious injuries and was determined to be permanently disabled and unable to perform her duties as a Rutgers Police Officer.  In Peart v. […]

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Plaintiff’s Complaint Dismissed Based Upon The Statute Of Limitations, Despite COVID-19 Order Extending Statute Of Limitations

On November 21, 2018, plaintiff Michael Sutton was involved in a motor vehicle accident with defendant Kevin Babilonia.  Plaintiff suffered injuries and retained counsel just six days before the two year statute of limitations expired.  In the case of Sutton v. Babilonia, 2022 N.J. Super. Unpub. LEXIS 792 (App. Div. May 12, 2022), the issue […]

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Recent Unpublished Appellate Division Opinion Regarding Sidewalk Liability

In an unpublished March 29, 2022 opinion in Blake v. Glavan, 2022 N.J. Super. Unpub. LEXIS 499, the Appellate Division further addressed the issue of sidewalk liability. The Court addressed the issue of the liability of both a homeowner and a municipality for an injury caused by a fall over an uneven public sidewalk. The […]

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Appellate Division Issues Ruling On When Defense Medical Exam Can Be Video Or Audio Recorded Or Attended By A Third Party

By on May 6, 2022 in Discovery, NJ Litigation with 0 Comments

Three separate cases, each involving a separate personal injury, were appealed to the Appellate Division to decide the issue as to whether a plaintiff with alleged cognitive limitations, psychological impairments, or language barriers “can be accompanied by a third-party to a defense medical examination (“DME”), or require that the examination be video or audio recorded […]

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Plaintiff’s Personal Injury Lawsuit Dismissed As To Public Entity For Failure To Meet Permanency Threshold

By on April 29, 2022 in NJ Litigation, Permanency with 0 Comments

Plaintiff, Monica Vargas-Aguacondo, was injured in a motor vehicle accident with a Union County police car driven by defendant David Eckenrode.  Plaintiff, age 60, injured her left shoulder and back in the accident.  The issue in Vargas-Aguacondo v. Eckenrode & County of Union, 2022 N.J. Super. Unpub. LEXIS 682 (App. Div. Apr. 25, 2022), was […]

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Concert Provider Found Not Liable For Patron’s Injury Caused By Slipping On Muddy Ground At Concert

By on April 22, 2022 in Liability, NJ Litigation with 1 Comment

Plaintiff Danielle Donahue attended a Live Nation Concert at the PNC Banks Art Center (“PNC Center”), a public entertainment venue in Monmouth County. PNC Center is a partially covered, open-air amphitheater, which included lawn seating. In Donahue v. NJTPA and Live Nation Worldwide, Inc., 2022 N.J. Super. Unpub. LEXIS 559 (App. Div. Apr. 7, 2022), […]

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Plaintiff’s Counsel’s Negotiations With Insurance Carrier Did Not Toll The Statute Of Limitations For Personal Injury Suit

In an interlocutory appeal, the Appellate Division considered the timeliness of plaintiff’s complaint for personal injuries arising from a June 2, 2019 motor vehicle accident. The trial court had denied the defendant’s motion to dismiss the complaint due to it not being timely filed.  In Richardson v. Miller-Murden, 2022 N.J. Super. Unpub. LEXIS 573 (App. Div. […]

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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, NJ Litigation 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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Court Finds That NJM Had No Duty To Pay For Defense Of Guest Who Committed Assault Until Incident Is Determined To Be Negligent Or Intentional

By on April 1, 2022 in Coverage, NJ Litigation with 0 Comments

This matter arises from the physical assault of a guest, plaintiff Colin Yurcisin, who attended a party hosted by defendant Justin Magariello.  While at the party, plaintiff alleges that a fellow guest, Ryan Fleming, who was intoxicated, punched him in the face multiple times causing serious injury. Plaintiff Yurcisin sued Fleming for his injuries. In […]

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