A Capehart Scatchard Blog

Claim Based on Breach of Installment Contract Found to Accrue as of Date of Missed Payment

In a dispute against the executor of an estate, the two beneficiaries under the decedent’s will (Mark and Michael Balk) sued the executor (Mark Roseman) for breach of fiduciary duty and sought to remove him as executor. Ultimately, the parties reached an agreement, in which the executor Roseman agreed to execute a promissory note in […]

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Accident Caused by Rear-End Collision Does Not Automatically Establish Negligence of the Driver who Rear-Ended Other Vehicle

By on May 13, 2016 in Negligence with 0 Comments

Plaintiff, Marie Richardson, was injured while a passenger on a bus operated by her co-employee, Michelle Herbert (“Herbert”). As the bus approached a traffic light, it rear-ended the vehicle being driven by the defendant Helen Milling. A factual dispute existed as to the color of the traffic light at the intersection where the accident occurred […]

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Attorney Sanctioned for Shoddy Appellate Brief

By on May 6, 2016 in Blog with 0 Comments

Our New Jersey appellate court rules extensively detail the requirements for the form and content of an appellate brief. If the brief is nonconforming as to format, the Appellate Division clerk will not hesitate to require the format be revised to conform with our court rules and insist that the brief be resubmitted after it […]

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Defendants Not Responsible for Damage to Neighbors’ Retaining Wall Caused by Roots of Tree They Did Not Plant

By on April 27, 2016 in Blog, Liability with 0 Comments

Plaintiff Edward Scannavino claimed that defendants Marie and Everett Walsh allowed the roots of trees on their property to damage a retaining wall between their properties. The trial court found that because the defendants did not plant or preserve the trees, they were a natural condition for which defendants were not liable and dismissed the […]

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Damage to Commercial Building Barred by Wear and Tear Exclusion in Insurance Policy

By on April 22, 2016 in Uncategorized with 0 Comments

A common exclusionary clause in a property damage policy is an exclusion for damage or loss caused by “wear and tear.” In Lam Inv. Research, LLC v. Public Serv. Mut. Ins. Co., 2016 U.S. Dist. LEXIS 45116 (D.N.J. April 1, 2016), the District Court of New Jersey interpreted such a clause in the context of claimed damage […]

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Church Found Immune from Liability for Fall on Sidewalk

By on April 15, 2016 in Liability with 0 Comments

Plaintiff Elizabeth Rockhill slipped and fell on a sidewalk adjacent to the property owned by the Grace Orthodox Presbyterian Church. She sued the church, alleging that it negligently maintained the sidewalk and that was the cause of her injuries. In Rockhill v. Grace Orthodox Presbyterian Church, 2016 N.J. Super. Unpub. LEXIS 683 (App. Div. March […]

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Defendant Wins Dismissal of Personal Injury Suit Due to Plaintiff’s Inability to Apportion His Damages between Successive Accidents

By on April 8, 2016 in Uncategorized with 0 Comments

In a work related accident, plaintiff Alan Pickett fell on black ice at the defendant supermarket’s premises and injured his neck and back. About 8 months later, he suffered a second work related accident and severely aggravated his lower back injury. In Pickett v. ShopRite of East Norriton, 2016 N.J. Super. Unpub. LEXIS 442 (App. […]

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Rehabilitation Center Found Not Responsible for Injuries Caused by Fall over Mattress on the Floor Due to it being an Open and Obvious Condition

By on April 1, 2016 in Uncategorized with 0 Comments

Plaintiff Elizabeth Cunningham was visiting a resident of Briarwood Rehabilitation Center (“Briarwood”) when she tripped over a mattress on the floor and sustained an injury. The defendant Briarwood argued that it owed no duty to the plaintiff to warn of an open and obvious condition. In Cunningham v. Briarwood Care and Rehabilitation Center, Inc., 2016 […]

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Summary Judgment Denied to Casino for Injury Due to Slip and Fall on Liquid on Floor Spilled Only Four Minutes Prior to Fall

By on March 24, 2016 in Liability with 0 Comments

Plaintiff Charles Romeo (“Romeo”) slipped and fell at Defendant Harrah’s Atlantic City casino on March 19, 2011. Video surveillance showed that a patron spilled a liquid beverage on a common walkway at 7:03 pm. Four minutes later, the video showed Romeo slipping on the liquid and falling. In Romeo v. Harrah’s Atlantic City Propco, LLC, […]

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No Coverage Under Homeowners Policy for Injury Resulting From Punch to Jaw

By on March 18, 2016 in Coverage with 0 Comments

Plaintiff Damon Barley (“Barley”) filed a lawsuit against Steven Quadrel (“Quadrel”) for injuries suffered when Quadrel punched him in the jaw.  Barley sued Quadrel based upon intentional tort and negligence. Quadrel’s parents submitted a notice of claim to Citizens Insurance Company of America (“Citizens”) for coverage under their homeowners policy. Citizens denied coverage. In Barley […]

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