A Capehart Scatchard Blog

Day in the Life Video Excluded at Trial

By on January 26, 2024 in Evidence with 0 Comments
Day in the Life Video Excluded at Trial

Plaintiff Tameko Sawyer was in a motor vehicle accident with defendant Randy Lucas in which she claimed to have suffered an injury to her neck, lower back, and shoulder.  Defendant Lucas had been driving a tractor-trailer owned by defendant Hicks Paving, LLC and Hicks Septic & Portable Toilets, LLC on Route 78, when he moved […]

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Employer Found Not Liable for an Auto Accident Caused by an Employee Who Stole Van From Employer

By on January 19, 2024 in Liability, NJ Litigation with 0 Comments
Employer Found Not Liable for an Auto Accident Caused by an Employee Who Stole Van From Employer

Plaintiff Richard Finaldi (“Finaldi”) was in an automobile accident with defendant Matthew Knight (“Knight”), one of defendant Cornucopia Logistics, LLC’s (“Cornucopia”) dispatchers.  Knight had stolen a Cornucopia delivery van, fell asleep while operating the van, went through a red light and collided with plaintiff Finaldi.  Plaintiff Finaldi suffered serious injuries as a result of the […]

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The Consequences of Coaching Your Witness During Trial

By on January 11, 2024 in NJ Litigation, Testimony with 0 Comments

The case of Hernandez v. La Fortaleza, Inc., 2024 N.J. Super. Unpub. LEXIS 22 (App. Div. Jan. 5, 2024) is a lesson as to why counsel should not coach their witness during trial.  This case involved a slip and fall accident in which the plaintiff Hernandez claimed that she fell on an uneven raised defect […]

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Warrant to Satisfy Judgment Bars Claim to Challenge Ruling Denying Claim for Future Medical Expenses

By on January 5, 2024 in Court Rulings, NJ Litigation with 0 Comments

Plaintiff Linda Brehme appealed a trial court in limine ruling barring her claim for future medical expenses. She had sued defendants Thomas Irwin and New Jersey Manufacturers Insurance Company for personal injuries resulting from an automobile accident. The issue in Brehme v. Irwin, 2023 N.J. Super. Unpub. LEXIS 2401 (App. Div. Dec. 27, 2023) was […]

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No Liability Found for Jersey City for Injury Caused by Trip and Fall on Uneven Pavement

By on December 22, 2023 in Liability, NJ Litigation with 0 Comments

Plaintiff Linda Emmanoulidis was walking her dog in Enos Park in Jersey City when she tripped and fell on an uneven pavement and sustained injuries. The issue in Emmanoulidis v. City of Jersey City, 2023 N.J. Super. Unpub. LEXIS 477 (App. Div. Mar. 30, 2023) was whether the City could be liable for a pedestrian […]

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Insurance Carrier Not Estopped From Denying Coverage After Affording Defense of Its Insured From an Automobile Accident

By on December 15, 2023 in Coverage, NJ Litigation with 0 Comments

This case involved an insurance coverage dispute from an automobile accident involving an employee of defendant Century Waste Services, LLC (“Century”).  The employee was driving a vehicle owned by a manager’s mother, which was a vehicle not covered under the insurance policy issued to Century by United Specialty Insurance Company (“USI”).  The trial court had […]

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Plaintiff’s Personal Injury Claim Found Barred by Statute of Limitations

Plaintiff, the Estate of Irene Avagnano appealed the trial court’s order granting summary judgment, dismissing the personal injury action filed against defendants, Atrium Post Acute Care at Wayneview (“Atrium”) and Pulse Medical Transportation (“Pulse”).  Plaintiff had alleged claims of negligence, gross negligence and violation of the New Jersey Nursing Home Responsibilities and Rights of Residents […]

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Plaintiff’s Loss of Balance May Satisfy the Permanency Requirement of the Tort Claims Act

By on November 30, 2023 in NJ Litigation, Permanency with 0 Comments

Plaintiff Berta Abreu Flores was injured as a result of a collision by the defendant North Hudson Regional Fire & Rescue Department’s fire engine.  During a training exercise, the fire engine crossed the road and struck the front of her residence opposite the fire house where plaintiff was working on the first floor.  She claimed […]

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Hotel Found Not to Be Liable for an Injury Caused by Trip Over Corner of Bed Frame

By on November 17, 2023 in Liability, NJ Litigation with 0 Comments

Plaintiff Cheryl King was a guest at the defendant Harrah’s Atlantic City Hotel.  While walking through her hotel room, she hit her leg on the corner of the bed frame which caused her to trip and hit her head on the wall.  The issue in King v. Harrah’s Atlantic City Operating Co., LLC, 2023 U.S. […]

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Building Owner Found Not Liable for Injury to Tenant’s Contractor

By on November 10, 2023 in Duty of Care, NJ Litigation with 0 Comments

Defendant Rock Pile Properties, LLC (“Rock Pile”) owned a building in Garwood, which it leased to Defendant Statewide Fence Contractors, LLC (“Statewide”), a residential, commercial, and industrial fence company.  According to the lease, Statewide was required to make all repairs and maintain the property, including the roof.  Plaintiff John Gudoski (“John”), had prior experience working […]

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