A Capehart Scatchard Blog

Plaintiff Barred from Collecting PIP Benefits Due to the Ownership of Uninsured Vehicle

By on September 30, 2016 in Coverage, Uncategorized with 0 Comments

Plaintiff, Vidal Padilla, was involved in a 2014 accident while operating his nephew’s car. He submitted a PIP application for his injuries to defendant Personal Service Insurance Company, which insured his nephew’s vehicle. The defendant insurance company contended that the plaintiff was barred from obtaining PIP benefits due to his ownership of an uninsured motor […]

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Frivolous Fee Award Against Pro Se Plaintiffs Limited by New Jersey Appellate Division

By on September 23, 2016 in Awards with 0 Comments

Under New Jersey law, fees may be obtained against attorneys for the filing of a frivolous lawsuit based upon a court rule, Rule 1:4-8. Attorneys fees for the filing of a frivolous pleading may be obtained against a party based upon a statute, N.J.S.A. 2A:15-59.1. The published decision of Tagayun v. AmeriChoice of New Jersey, […]

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Supermarket in Multi-tenant Shopping Center Found Not Liable to Shopper Who Falls on Ice in the Parking Lot

By on September 16, 2016 in Liability with 0 Comments

Plaintiff, Grazio Spano, went shopping in the Acme store in the shopping center located on the Black Horse Pike, Mays Landing, N.J. Acme was the anchor store in this multi-tenant shopping center. After finishing her shopping, the plaintiff went back to her car and slipped on black ice in the parking lot. In Spano v. […]

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Court Finds Unlicensed Driver to be Permissive User of Automobile

By on September 9, 2016 in Liability with 0 Comments

Defendant All Sheen owned and operated a car wash in Blackwood, New Jersey. It employed the defendant Esteban Chavez, who was responsible for driving customer’s vehicles from the end of the automated wash track to the drying area. While Chavez was driving one of the customer’s vans into the drying area, he struck and severely […]

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Res Ipsa Loquitur Not Apply for Negligence Claim Due to Injury from Eating Dessert from Fast Food Restaurant

By on September 2, 2016 in Negligence, Uncategorized with 0 Comments

Plaintiff Erik Lukmann claims to have been injured while biting down on an ice cream dessert purchased from Wendy’s. He bit down, felt a hard object, and spit out a coin. As a result, he broke several veneers on his teeth. In Lukmann v. Wenesco Restaurant Systems, Inc., 2016 N.J. Super. Unpub. LEXIS 1089 (App. […]

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Provision in Employment Contract Limiting Employee’s Ability to Sue Third Party Found Unenforceable by NJ Court

By on August 25, 2016 in Coverage with 0 Comments

Plaintiff Philip Vitale was injured while working as a security guard for Allied Barton Security Services, LLC (“Allied Barton”), which contracted with defendant Schering-Plough Corporation to provide security services to its facilities. Plaintiff had signed a disclaimer, waiving his right to sue any of Allied Barton’s customers to which he may be assigned. In the […]

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Rain Water Damage Caused by Subcontractor’s Faulty Workmanship Found to be Covered Claim under Developer’s CGL Policy

By on August 19, 2016 in Coverage with 0 Comments

A year ago, I reported on a published Appellate Division case, Cypress Point Condominium Assoc., Inc. v. Adria Towers, L.L.C., 441 N.J. Super. 369 (App. Div. 2015), in which the court decided that the consequential damages caused by a subcontractor’s work in the construction of a condominium complex was potentially covered by the developer’s insurance […]

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Winning Attorneys’ Fees for the Filing of Frivolous Lawsuits

By on August 12, 2016 in Strict Compliance with 0 Comments

While the Courts of the State of New Jersey have been hesitant to impose sanctions upon parties and counsel for frivolous lawsuits, in any but the most extreme of circumstances, in the appropriate circumstance, sanctions can be obtained, so long as strict compliance with the Rules of Court can be established. N.J.S.A. 2A:15-59.1 governs sanctions […]

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Using the Offer of Judgment Rule as a Tool to Obtain a Reasonable Settlement

By on August 4, 2016 in Uncategorized with 1 Comment

By Betsy G. Ramos, Esq. Co-Authored by Ryan P. Duffy, Law Clerk The New Jersey Offer of Judgment Rule exists to encourage settlements by requiring litigators to step back and examine the merits of their case and its potential at trial. It can be a very useful tool in negotiating a settlement, particularly, in situations […]

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Arbitration Clause in Invoice for Medical Records from Medical Provider to Patient’s Attorney Found Unenforceable by New Jersey Court

By on July 29, 2016 in Arbitration with 0 Comments

Medical Records Online, Inc. (MRO) is a third party medical records processor of requests for medical records from hospitals and physicians, including Kennedy Memorial Hospitals (“Kennedy”). Plaintiff, Bernetich, Hatzell & Pascu, LLC (BH&P), is a personal injury law firm who sought to obtain records from Kennedy on behalf of a prospective client. MRO’s invoice for […]

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