A Capehart Scatchard Blog

Court Finds Homeowners Not Liable to Guest Who Trips over Dog in Hallway

By on July 14, 2017 in Court Rulings with 0 Comments

Homeowners Richard Compeau and Rosanna DiMarzio found out the hard way what happens when you “let sleeping dogs lie” (or in their case one sleeping dog) in their hallway, when a guest at their Christmas dinner tripped over their dog and was injured. In Parella v. Compeau, 2017 N.J. Super. Unpub. LEXIS  1622 (App. Div. […]

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Court Finds that Equitable Tolling of Statute of Limitations Did Not Apply to Prevent Lawsuit’s Dismissal

By on July 7, 2017 in Court Rulings with 0 Comments

Plaintiff Ronald Rowell was injured on February 17, 2011 when his tractor trailer, parked in a commercial warehouse located in New Jersey, was struck by another vehicle. Initially, plaintiff sued the defendants he believed were responsible for the accident. However, after the statute of limitations expired, the plaintiff discovered the correct parties responsible for the […]

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Out-of-State Pedestrian Injured in New Jersey Not Entitled to PIP Benefits Under Deemer Statute

By on June 23, 2017 in Litigation with 0 Comments

Plaintiff, Kathleen Leggette, a Virginia resident, was visiting her daughter at Princeton University and, while crossing the street, she was struck by a New Jersey driver. She was insured by Government Employees Insurance Company (“GEICO”) and claimed that GEICO should provide personal injury protection (“PIP”) coverage to pay for her bills under the Deemer Statute. […]

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Owner of Three Family Home Has No Liability for Injury Caused by Fall on Sidewalk Adjacent to Home

By on June 16, 2017 in Liability with 1 Comment

Plaintiff Scott Valentine suffered injuries when he fell on ice or snow on the public sidewalk abutting the three family home owned by defendants Maximo and Ana Almanzar. The issue in Valentine v. Almanzar, 2017 N.J. Super. Unpub. LEXIS 1440 ( App. Div. June 12, 2017) was whether the defendant homeowners had a legal duty […]

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Appellate Division Rules that Medical Expenses that Exceed $15,000 PIP Limits are Recoverable in Personal Injury Action

By on June 9, 2017 in Awards with 0 Comments

In the published decision of Haines v. Taft, 2017 N.J. Super. LEXIS 64 (App. Div. June 1, 2017), the Appellate Division ruled that a plaintiff may recover medical expenses that exceed their $15,000 personal injury protection (PIP) limits in their automobile policy. At the trial court level, the trial judge had barred the admission of […]

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Expert Not Required to Prove Dangerous Condition Due to Fall Occurring As Result of Height Differential between Two Driveways

By on June 2, 2017 in Court Rulings with 0 Comments

Plaintiff Martin Rosenbaum exited a relative’s condominium and fell on a driveway outside the unit, which driveway was maintained by the defendant Highlands Condo Association. His daughter, Nanette Rosenbaum, tried to come to his aid and fell as well. In Rosenbaum v. Highlands Condo Association, 2017 N.J. Super. Unpub. LEXIS 680 (App. Div. March 21, […]

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Failure to Comply with Strict New Jersey Appellate Rules Result in Dismissal of Cross-Appeal

By on May 26, 2017 in Court Rulings with 0 Comments

While on the state trial court level, our New Jersey trial court judges tend to be lenient in enforcing rules concerning motion practice and briefing (as well as many of the rules of civil procedure), the Appellate Division judges can be much more exacting in enforcing their rules concerning the submission of briefs. In the […]

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Occasional Business Use of Residence Does Not Convert Property to a Commercial Use for Purposes of Applying Sidewalk Law

By on May 18, 2017 in Litigation with 0 Comments

Plaintiff James Engle fell on a public sidewalk in front of a residence owned by Melissa and Michael Larkin and sued them for the injuries he suffered from his fall. The defendant Michael Larkin owned a business, Paradise Pavers Pond Landscaping, LLC, and plaintiff asserted that it was operated out of this residence. In Engle […]

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Dog Owner Found Not Liable For Injury Caused By Her Dog Knocking Over Neighbor

By on May 12, 2017 in Liability with 0 Comments

The plaintiff Terri Hackett brought her rat terrier, Chancellor, to the property of the defendants William and Joan Musey to play with Molly, their sixty pound Labrador. While the dogs were running around the backyard, Molly suddenly knocked plaintiff down from behind, causing her injury. In Hackett v. Musey, 2017 N.J. Super. Unpub. LEXIS 721 […]

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Court Dismisses Bodily Injury Claim from Fall Based upon Slippery Floor in Restaurant

By on May 4, 2017 in Court Rulings with 0 Comments

Plaintiff Joseph Pasterkiewicz slipped and fell on the floor of a buffet restaurant operated by the defendant Marina Buffet, Inc. and owned by defendant King T. Group, LLC. The plaintiff claimed that he fell on the flooring around the buffet area. In Pasterkiewicz v. Marina Buffet, Inc., 2017 N.J. Super. Unpub. LEXIS 199 (App. Div. […]

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