A Capehart Scatchard Blog

New Jersey Turnpike Authority Found Not Liable For Injury Caused Due To Plaintiff’s Motorcycle Hitting A Pothole

By on March 25, 2022 in Liability, NJ Litigation with 0 Comments

Plaintiff Daniel O’Brien sued the New Jersey Turnpike Authority (“NJTA”) for injuries he claimed to have suffered when he lost control of his motorcycle after hitting a pothole on the New Jersey Turnpike.  The issue in O’Brien v. New Jersey Turnpike Authority, 2022 N.J. Super. Unpub. LEXIS 120 (App. Div. Jan. 27, 2022) was whether […]

Share

Continue Reading »

New Jersey Supreme Court Rules that Mode of Operation Doctrine Does Not Apply to Sale of Grapes in Closed Container

By on March 18, 2022 in Liability, NJ Litigation with 0 Comments

Plaintiff Aleice Jeter sued Sam’s Club due to injuries suffered in its Linden, New Jersey store after she slipped on one or more grapes. Sam’s Club sold its grapes in closed clamshell containers sealed with tape. The case was dismissed by the trial court judge, which decision was affirmed upon appeal to the Appellate Division, […]

Share

Continue Reading »

New Jersey Driver With New York Auto Policy Considered To Be Uninsured And Barred From Pursuing Personal Injury Claim

By on March 11, 2022 in Insurance, NJ Litigation with 0 Comments

Plaintiff Adam Haber was involved in an automobile accident with the defendant Faith Geruldsen on March 7, 2019.  At that time, plaintiff resided in New Jersey with his car garaged in New Jersey but he had a New York auto insurance policy.  The issue in Haber v. Geruldsen, 2021 N.J. Super. Unpub. LEXIS 2943 (App. […]

Share

Continue Reading »

Non-Party Not Subject To Same Broad Rules Of Discovery As Party To Suit

By on March 4, 2022 in Discovery, NJ Litigation with 0 Comments

The plaintiff Trenton Renewable Power, LLC owned and operated an anaerobic biodigester facility in Trenton and contracted with non-party Symbiont Science, Engineering and Construction, LLC (“Symbiont”) to design and build out the facility.  Defendant Denali Water Solutions, LLC (“Denali”) contracted with plaintiff to supply the organic waste for processing at the facility in Trenton.  The […]

Share

Continue Reading »

Neither County Nor City Found Responsible For Injury To Plaintiff Caused By Tree Limb Piercing Windshield Of His Car

By on February 25, 2022 in Liability, NJ Litigation with 0 Comments

Plaintiff Marc Russi suffered significant injuries when a tree limb fell and pierced the windshield of his car while he was traveling on Union Valley Road in West Milford.  The fallen tree limb came from a tree located in the Pequannock Watershed, a 35,000 – acre natural resource area owned by the City of Newark.  […]

Share

Continue Reading »

Fitness Club’s Waiver of Liability and Assumption of Risk Clauses in Agreement Found to Bar Member’s Personal Injury Claim

By on February 18, 2022 in Negligence, NJ Litigation with 0 Comments

Plaintiff, Leah Skarbnik was a member of the defendant fitness facility, Life Time Fitness, Inc., and was injured after participating in a yoga class at the facility. She fell after participating in a “hot yoga” class. The issue in Skarbnick v. Life Time Fitness, Inc., 2021 N.J. Super. Unpub. LEXIS 2068 (App. Div. Sept. 2, […]

Share

Continue Reading »

Parent Witnessing Children Struck By Car Not Entitled To Underinsured Motorist Benefits

By on February 4, 2022 in Coverage, NJ Litigation with 0 Comments

The plaintiff, B.G., drove his two children to school and parked his car next to the curb and across the street from the school building.  He got out of his car and helped his children exit the car, leaving the engine in his car running.  After walking his children one block to a crosswalk staffed […]

Share

Continue Reading »

Landlord Found Not Liable For Tenant’s Fall On Interior Stairway of Residence

Plaintiffs Charles and Deborah Stenger sued their landlord, defendant Bulent Koroglu, for Charles Stenger’s trip and fall that occurred on the bottom step on the stairway to plaintiffs’ leased residence.  They allege that their landlord failed to warn them of a latent defect in the stairway.  The issue in Stenger v. Koroglu, 2022 N.J. Super. […]

Share

Continue Reading »

New Jersey Enacts Bad Faith Law Covering the Payment of Uninsured/Underinsured Motorist Benefits

By on January 21, 2022 in Legislation, NJ Litigation with 0 Comments

On January 18, 2022, Governor Murphy signed into law the “New Jersey Insurance Fair Conduct Act” (“IFCA”) which creates a private cause of action for insurance bad faith in the handling and payment of claims for uninsured/underinsured (“UM/UIM”) benefits. Under the IFCA, a claimant “who is unreasonably denied a claim for coverage or payment of […]

Share

Continue Reading »

Injured Passenger Involved In Auto Accident Not Entitled To Underinsured Motorist Coverage Under Owner’s Business Insurance Policy

By on January 14, 2022 in Coverage, Insurance, NJ Litigation with 0 Comments

Plaintiff, Maria Lopez Menjivar, and her friend and plaintiff’s boyfriend, had just returned from visiting a casino in Pennsylvania.  Plaintiff’s friend had driven her minivan and parked it on the side street in Plainfield, near where the plaintiff and her boyfriend lived.  While plaintiff was a back seat passenger of the vehicle, the defendant Neltson […]

Share

Continue Reading »

Top