A Capehart Scatchard Blog

Apartment Building Owner Found Not To Be Liable For Injury From Fall On Slippery Stairs Due To Lack Of Notice Of Condition Of Stairs

By on August 13, 2021 in Negligence with 0 Comments

Plaintiff Widelande Raymond suffered a serious bodily injury when she slipped and fell on a slippery substance on her apartment building’s stairs. She sued the building owner, Layna Realty, LLC, and the property manager, Pentaurus Properties, LLC. The issue in Raymond v. Layna Realty, LLC, 2021 N.J. Super. Unpub. LEXIS 1673 (App. Div. Aug. 10, […]

Share

Continue Reading »

Plaintiff’s UM/UIM Claim Found To Be Barred Due To Plaintiff’s Failure To Sue Tortfeasor Within Statute Of Limitations

By on August 6, 2021 in Claims with 0 Comments

Plaintiff Sang Park was rear ended by a vehicle driven by the defendant Michelle Wragge on January 11, 2018.  As a result, Park claimed to have suffered painful injuries from the collision.  Thereafter, on June 1, 2018, Park, filed a complaint against GEICO (her insurance company) for uninsured or underinsured motorist coverage benefits (UM/UIM). But, […]

Share

Continue Reading »

New Jersey Supreme Court Holds that Multiple Documents Cannot be Used to Establish Compliance with the Notice Requirements of the Tort Claims Act

By on July 30, 2021 in Court Rulings with 0 Comments

By: Sean P. Dugan, Law ClerkEditor: Betsy G. Ramos, Esq. On June 13, 2017, Plaintiff H.C. Equities served the County of Union and Union County Improvement Authority a “Notice of Tort Claim” for “damages arising from tortious interference with contract … conspiracy, defamation and trade libel.” The claim arose out of a contract dispute where […]

Share

Continue Reading »

Appellate Division Finds Plaintiff’s Wrongful Death Lawsuit Against Decedents’ Employer Failed To Meet Intentional Wrong Exception Of Workers’ Compensation Act

By on July 23, 2021 in Wrongful Death with 0 Comments

Two employees, Oscar Portillo and Selvin Zelayal, were killed when a trench collapsed on top of them while installing a drainage system.  Their respective estates sued the decedents’ employer, Defendant Bednar Landscaping Services, Inc., and co-employees Keith Bednar, Peter Liberatore, and Christopher Liberatore for wrongful death.  The issue in Estate of Oscar Portillo v. Bednar […]

Share

Continue Reading »

Appellate Division Finds That Umbrella Insurance Policy Was Unambiguous In Its Exclusion Of Underinsured Motorist Coverage

By on July 16, 2021 in Coverage with 0 Comments

In 2014, Plaintiff Yvonne Zabala-Lugo was a passenger in a car driven by Jasmine Lugo when the vehicle struck a phantom car that swerved into her lane to avoid hitting a pedestrian.  After that impact, the Zabala-Lugo vehicle was struck from behind by another car driven by Betsey Tavares.  Plaintiff discovered that the Tavares’ insurance […]

Share

Continue Reading »

Employer’s Statements That Employee Driver Failed To Follow Safety Protocols Found To Be Admissible Evidence In Motor Vehicle Accident Case

By on July 9, 2021 in Evidence with 0 Comments

Plaintiff Ahmed Hassan was injured in a motor vehicle accident in which he was rear-ended by defendant Roland Williams who was driving a tractor-trailer for defendant ABF Freight System.  The case was tried before a jury and the jury found both drivers negligent but the Plaintiff slightly more so, which resulted in a no-cause judgment […]

Share

Continue Reading »

Plaintiff Able to Obtain Full Recovery of Verdict Against Defendant Tortfeasor Found to be 60% Negligent in Auto Case

By on July 2, 2021 in Claims with 0 Comments

The issue in the published Appellate Division decision in Carbajal v. Patel, 2021 N.J. LEXIS 73 (App. Div. June 2, 2021), was whether a plaintiff can obtain a full recovery of a jury verdict against a defendant found to be 60% negligent, when that defendant is unable to obtain contribution from the co-defendant found to […]

Share

Continue Reading »

New Jersey Appellate Division Reverses Trial Court’s Dismissal with Prejudice of Lawsuit Due to Failure to Answer Interrogatories

By on June 25, 2021 in Court Rulings with 0 Comments

Plaintiff Alexa Rivera, on her on behalf and on behalf of her minor children, filed a lawsuit due to injuries they suffered in an automobile accident in 2018 when her disabled vehicle was struck by a Mack truck owned by defendant Campbell’s Auto Express (“Campbell’s”). She filed a lawsuit, suing the driver, Donald Ayusa and […]

Share

Continue Reading »

New Jersey Supreme Court Adopts “Ongoing Storm” Rule with Limited Exceptions

By on June 18, 2021 in Negligence with 0 Comments

In a June 10, 2021 opinion written in Pareja v. Princeton International Properties, Inc., 2021 N.J. LEXIS 549 (2021), the New Jersey Supreme Court adopted the “Ongoing Storm” Rule, which should be very useful to the defense bar in pursuing Summary Judgment as to claims arising out of slip and fall events that take place […]

Share

Continue Reading »

Appellate Division Issues Ruling Explaining Distinction Between Motions for Reconsideration of an Interlocutory Order Versus a Final Order

By on June 11, 2021 in Court Rulings with 0 Comments

In the published Appellate Division decision of Lawson v. Dewar, 2021 N.J. Super. LEXIS 69 (App. Div. May 27, 2021), the Court addressed the “commonly misunderstood distinctions” between motions seeking reconsideration of final orders and motions seeking reconsideration of interlocutory orders.  This case concerns a complaint by the plaintiff Alfred Lawson against the Borough of […]

Share

Continue Reading »

Top