A Capehart Scatchard Blog

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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Update on NJ Court Proceedings from Supreme Court Due to COVID-19 Pandemic

By on March 30, 2020 in Other with 0 Comments

On Friday, March 27, 2020, the New Jersey Supreme Court issued an omnibus order addressing the suspension of court proceedings, extension of deadlines and tolling time periods. The Court had been issuing almost daily orders but this order addressed the extension of those time periods based upon the current restrictions on movement and activity recommended […]

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Update On Arbitration Hearings In New Jersey State Court

By on March 20, 2020 in Other with 0 Comments

My blog yesterday reported that it was unclear how the New Jersey state court would handle arbitration hearings. We received a notice from the court this afternoon that all arbitrations were cancelled until April 10, 2020. They will be rescheduled. However, civil arbitrations will resume as of April 13, 2020 with participation to be either […]

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Coronavirus Continues To Disrupt Court Proceedings

By on March 19, 2020 in Other with 0 Comments

Due to the coronavirus pandemic, all New Jersey state court trials remain on hiatus. All are cancelled until further notice, except for ongoing trials. By order of the Chief Justice, all discovery deadlines are relaxed to permit the extension of discovery deadlines. For computation of the statute of limitations, March 16, 2020 to March 27, […]

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New Jersey Suspends All Jury Trials in Response to Coronavirus

By on March 13, 2020 in Other with 0 Comments

While I typically report on recent cases, I wanted to inform all clients that, as of March 12, 2020, Chief Justice Rabner announced that New Jersey state courts will suspend all new jury trials until further notice to help minimize community exposure to the coronavirus. Jury trials already in progress will continue. As for nonjury […]

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Disabled Motor Vehicle Driver Found Not Liable To Police Officer Injured In The Course Of Pushing Her Car To Side Of Roadway

By on March 6, 2020 in Negligence with 0 Comments

Plaintiff, Jean–Pierre Therrien, while on duty as a police officer, observed a disabled motor vehicle with its hazard lights activated, blocking a busy intersection.  Plaintiff spoke with the defendant driver Lynda Blow and learned that her vehicle had run out of gas.  While in the process of helping push her vehicle to the side of […]

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Out-Of-State Auto Policy Required To Provide Minimum Liability Limits For New Jersey Auto Accident

By on February 28, 2020 in Coverage with 0 Comments

In the Supreme Court case of Felix v. Richards, 2020 N.J. LEXIS 293 (Feb. 26, 2020), the New Jersey Supreme Court was asked to decide whether an insurer who sold policies in both New Jersey and out-of-state was entitled to rely on the lesser coverage provided under its Florida policy for a vehicle involved in […]

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When Defense Decides Not to Call its Medical Expert to Testify at Trial, Plaintiff Not Permitted to Tell Jury That Doctor Had Been Retained by Defense but Not Called to Testify

By on February 14, 2020 in Evidence with 0 Comments

Plaintiff Peter Slomkowski had been involved in a rear end motor vehicle accident involving an underinsured motorist and sued New Jersey Manufacturers Insurance Co. (“NJM”) to recover benefits for his injuries. The key disputed issue at the trial of this matter was whether Plaintiff suffered a permanent injury as a result of the accident. In […]

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Residential Property Owner Found Not Liable for Plaintiff’s Injury Caused by Raised Public Sidewalk Slab Abutting Owner’s Home

By on February 7, 2020 in Negligence with 0 Comments

Plaintiff Carla Israel was walking on the sidewalk bordering the rear of the defendant’s home located in East Brunswick, New Jersey.  She fell as a result of an uneven slab of sidewalk and suffered an injury.  The issue in Israel v. Gross, 2019 N.J. Super. Unpub. LEXIS 2538 (App. Div. December 12, 2019) was whether […]

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Owner of Commercial Property Does Not Owe Its Tenant’s Invitee Duty to Clear Snow and Ice from Property’s Driveway While Property in Sole Possession and Control of Tenant

By on January 31, 2020 in Negligence with 0 Comments

In the published New Jersey Supreme Court decision of Shields v. Ramslee Motors, 2020 N.J. LEXIS 17 (2020), the Court was asked to decide whether the owner of a commercial property owed to its tenant’s invitee a duty to clear snow and ice from the property’s driveway while the property was in the sole possession […]

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