A Capehart Scatchard Blog

Court Dismisses Claim for Punitive Damages Alleged in Auto Accident Case

By on March 17, 2017 in Awards with 0 Comments

Sometimes plaintiffs throw in claims for punitive damages in what is obviously a simple negligence claim arising from an automobile accident. In the District Court case, Gillman v. Rakouskas, 2017 U.S. Dist. LEXIS 10835 (D.N.J. Jan. 26, 2017), the plaintiffs George and Florence Gillman sued defendants Michael and Elaine Rakouskas, alleging negligence and gross negligence […]

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Plaintiff Can Be Compelled to Pay IME Missed Appointment Fee

By on March 10, 2017 in Litigation with 0 Comments

Plaintiff Ann McInroy sued Village Supermarket, Inc. for injuries from a slip and fall in its supermarket. Defense counsel scheduled an exam with an IME doctor to examine the plaintiff for her claimed injuries. After 2 missed appointments, the IME doctor sent defense counsel a bill for $375, representing the missed appointment fee for these […]

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High-low Agreement Barred Award of Attorney’s Fees under Offer of Judgment Rule

By on March 2, 2017 in Awards with 0 Comments

Plaintiff Lucia Serico entered into a high-low agreement with defendant Robert M. Rothberg, M.D. to resolve her claim against the defendant. However, in reaching this settlement, plaintiff did not expressly reserve her rights to recover fees under the Offer of Judgment rule. Based upon the jury award, the plaintiff would have been entitled to these […]

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Uber Arbitration Clause Accessed through Hyperlink to Contract with Driver Found Enforceable

By on February 22, 2017 in Arbitration with 0 Comments

Plaintiff Jaswinder Singh filed a lawsuit against Uber Technologies Inc. (“Uber”), claiming that Uber misclassified him and other similarly situated New Jersey Uber drivers as independent contractors, failed to pay overtime, and required drivers to pay for significant business expenses. Instead of filing an answer, Uber filed a motion to dismiss the complaint and compel […]

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Can Defendant Not Yet Criminally Charged Obtain Stay Of Civil Litigation To Preserve Right Against Self-Incrimination?

By on February 16, 2017 in Litigation with 0 Comments

Sometimes a civil defendant may face potential criminal prosecution for the same events upon which the defendant was sued. As part of the civil litigation, the defendant may be called to provide testimony at deposition or trial that could be self-incriminating. Naturally, the defendant would not want to testify and may avoid doing so by […]

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Plaintiff Unable to Meet Permanency Threshold of Tort Claims Act Despite Knee Surgery

By on February 3, 2017 in Awards with 0 Comments

By: Christopher J. Carlson, Esq. Editor: Betsy G. Ramos, Esq. The New Jersey Tort Claims Act (“TCA”), N.J.S.A. 59:1-1 to 59:13-10, requires that a Plaintiff seeking to recover damages from a public entity must prove as a threshold requirement that he or she sustained a “permanent loss of body function.” N.J.S.A. 59:9-2(d). The Appellate Division […]

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Plaintiff’s Personal Injury Lawsuit Barred by Independent Contractor Exception

By on January 27, 2017 in Liability with 0 Comments

Plaintiff, Kenneth Pisieczko, an independent contractor, was hired by the defendant Children’s Hospital of Philadelphia (“CHOP”) to repair lights in CHOP’s day-program parking lot, which lights were affixed to the top of wooden poles. To reach the top of one of the poles to fix the light, the plaintiff secured a ladder to the pole. […]

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Plaintiff Barred from Pursuing Personal Injury from Auto Accident Due to Failure to Insure

By on January 17, 2017 in Coverage with 1 Comment

Plaintiff Alma Guerrero was driving her car when she was involved in a collision with the defendant Colleen Moore. Plaintiff suffered back injuries from the accident and sued defendant Moore. In Guerrero v. Moore, 2017 N.J. Super. Unpub. LEXIS 21 (App. Div. Jan. 5, 2017), Moore defended on the basis that plaintiff was barred from […]

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Court Interprets Two Competing “Other Insurance” Clauses to Determine Primacy of Coverages

By on January 6, 2017 in Coverage, Uncategorized with 0 Comments

Often there are two different insurance policies that may cover a defendant for a claim. To determine which policy is primary and which policy is excess or if the policies would be co-primary, the court must review and interpret the “other insurance” clause in both policies. In Foerster v. Meckel Enters., LLC, 2016 N.J. Super. […]

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Homeowner Found Not Liable for Fall on Sidewalk Due to Spiky Seed Pods

By on December 22, 2016 in Liability with 0 Comments

Plaintiff Katherine Neilson was walking on a sidewalk adjoining the residential property owned by the defendant Antoinette Dunn when she fell on a spiky seed pod, suffering injury. The seed pod came from sweetgum trees located on defendant’s property. In Neilson v. Dunn, 2016 N.J. Super. Unpub. LEXIS 2668 (App. Div. December 5, 2016), plaintiff […]

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