A Capehart Scatchard Blog

Litigation Privilege Bars Lawsuit as to Alleged Defamatory Statement Made by Litigant

By on March 23, 2018 in Litigation with 0 Comments

The plaintiff (an attorney) sued his former client, defendant Shai Harmelech, to collect on an unpaid legal bill. In the course of that lawsuit, the trial judge asked the parties if they would be interested in participating in a mediation to resolve the dispute. In response to the court’s request, Harmelech sent an email to […]

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Commercial Property Owner Unable to Obtain Dismissal for Fall on Black Ice

By on March 16, 2018 in Liability with 0 Comments

Plaintiff Cynthia Johnson was an employee of a tenant of the property owned by defendant Brandywine Operating Partnership, LP and Brandywine Realty Trust (“Brandywine”). She fell on black ice in the parking lot of Brandywine’s property and sued for her injuries. In Johnson v. Brandywine Operating Partnership, LP, 2017 N.J. Super. Unpub. LEXIS 2857 (App. […]

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Commercial Property Landlord Not Responsible for Injury of Tenant’s Invitee

By on March 9, 2018 in Liability with 0 Comments

Plaintiff Ben Jimenez was employed as a truck driver by Atlantic Freight Systems, Inc. (“AFS”) when he slipped and fell in the company yard during the course of his employment. The Defendants Stephen Powell and Concetta Powell (“Powells”) owned the commercial property where the accident occurred and leased the entire premises to their corporate entity […]

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Court Finds Insurance Company Properly Cancelled Policy of Insurance for Non-Payment of Premiums

By on March 2, 2018 in Court Rulings with 0 Comments

Selective Insurance Company (“Selective”) was sued by the plaintiffs Car Craft Auto Corp. and the Estate of Jesus Santiago t/a Car Craft Auto due to Selective’s cancellation of Jesus Santiago’s (“Santiago”) commercial insurance policy.  Santiago had been insured from February 19, 2011 through February 19, 2012.  Selective prepared and sent to Santiago an invoice for […]

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How to Apply Offer of Judgment Rule in an Underinsured Motorist Case

By on February 23, 2018 in Litigation with 0 Comments

Plaintiff Sharon Seamon filed a lawsuit against her insurance company State Farm Insurance Company for underinsured motorist benefits (“UIM”) for injuries she suffered in an automobile accident. At trial, the jury awarded her $375,733.36 for her injuries. The issues in Seamon v. State Farm Insurance Co., 2017 N.J. Super. Unpub. LEXIS 3069 (App. Div. Dec. […]

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Catholic Cemetery Found Immune from Liability for Personal Injury Claim based Upon Charitable Immunity Act

By on February 16, 2018 in Liability with 0 Comments

Plaintiff, Gary Jack, and his wife Maureen had attended a funeral at the Calvary Cemetery. Maureen was pushing the plaintiff in a rolling walker, when the front wheels of his walker lodged in a crack in the asphalt, causing him to fall from the walker and break his wrist. In Jack v. Calvary Cemetery, 2017 […]

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Homeowner Limited to Cash Value of House in Fire Loss Claim

By on February 9, 2018 in Claims with 0 Comments

Plaintiff Dawn Dunkerly made a claim against her homeowner’s insurance company, Encompass Insurance Company, for the fire loss of her parents’ home. A fire swept through the house and completely destroyed it. As executor of her parents’ estate, plaintiff submitted a claim to defendant Encompass under her parents’ homeowners policy to be compensated for the […]

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What Defenses Are Available to Public Entities for Falls on Public Sidewalks?

By on February 2, 2018 in Liability with 0 Comments

If a plaintiff is able to establish that it is the public entity who bears the responsibility for the condition of a public sidewalk which caused the plaintiff’s fall, the public entity may remain immune from liability based upon Tort Claims Act defenses. The public entity (municipality, county, or State) may defend on the basis […]

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When is an Adjoining Landowner Considered to be “Commercial” for Purposes of Imposing Liability for a Fall on a Public Sidewalk Under New Jersey Law?

By on January 26, 2018 in Liability with 0 Comments

Last week, I reviewed the general case law as to the imposition of liability of an adjoining property owner for a fall on a public sidewalk. However, to determine the obligation of the adjoining landowner (a landowner whose property abuts a public sidewalk), the key is whether the property owner qualifies as a “residential” or […]

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Who is Responsible Under New Jersey Law When an Injury Occurs Due to a Fall on a Public Sidewalk?

By on January 19, 2018 in Liability with 0 Comments

There is an extensive body of law in New Jersey concerning who is the responsible entity when an injury occurs on a public sidewalk. Is it the public entity to whom the sidewalk belongs or is it the adjoining property owner or could the injured party be without any recourse? The answer to these questions […]

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