A Capehart Scatchard Blog

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

By on March 4, 2022 in Discovery 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 […]

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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 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.  […]

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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 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, […]

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

By on February 4, 2022 in Coverage 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 […]

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

By on January 28, 2022 in Duty of Care, Negligence with 0 Comments

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. […]

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

By on January 21, 2022 in Legislation 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 […]

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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 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 […]

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Personal Injury Claim Against Church Barred by Charitable Immunity Act

By on January 7, 2022 in Negligence with 0 Comments

Plaintiff Michele Bass fell and suffered an injury while walking down an exterior staircase while attending a meeting at the defendant House of Prayer, Church of God in Christ of Orange. She claimed that she fell due to a negligent condition of the Church’s stairs, including dangerous cracks. The issue in Bass v. House of […]

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Court Finds City Not Liable For Plaintiff’s Injury Suffered From Stepping Into Pothole

By on December 23, 2021 in Liability with 0 Comments

Plaintiff Giani Petty broke her ankle when she stepped into a pothole on a residential street in Newark.  The plaintiff sued the City of Newark for her injuries suffered as a result of the fall. The issue in Petty v. City of Newark, 2021 N.J. Super. Unpub. LEXIS 3122 (App. Div. Dec. 20, 2021) was whether […]

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Failure To Serve Defendant And Seek Reinstatement Of Complaint for Seven Years Justifies Order Denying Reinstatement Of Complaint

By on December 17, 2021 in Litigation with 0 Comments

Plaintiff Mildred Valentin sued defendant Sabrina Pinckney for an automobile accident that occurred in October 2011.  However, she failed to successfully serve the defendant with the complaint until seven years later and, in the interim, the complaint had been dismissed for lack of prosecution.  The issue in Valentin v. Pinckney, 2021 N.J. Super. Unpub. LEXIS […]

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