A Capehart Scatchard Blog

Entire Controversy Doctrine Does Not Bar Subsequent Products Liability Suit

By on April 24, 2014 in Blog with 0 Comments
Entire Controversy Doctrine Does Not Bar Subsequent Products Liability Suit

Plaintiff Shaun Armstrong was injured while on a Disney cruise. He fell from his wheelchair while on a ramp leaving the ship, struck the hot deck, and suffered burns and fractured both femurs. At the time, he was operating a wheelchair manufactured by Pride Mobility Products (“Pride”). He filed a negligence lawsuit in federal court […]

Share

Continue Reading »

Expert Needed to Prove Liability for Slip and Fall

By on April 16, 2014 in Blog with 0 Comments
Expert Needed to Prove Liability for Slip and Fall

In Turkowski v. Management Resources Systems, Inc., 2014 N.J. Super. Unpub. LEXIS 705  (App.Div. 2014), the plaintiff sued Rack Room Shoes, Inc. for personal injuries resulting from a fall at Rack Room, a retail shoe store. The trial court found that the plaintiff was unable to establish the defendant’s negligence without a liability expert and […]

Share

Continue Reading »

Settling Defendant Not Entitled to Pursue Cross-Claim for Contribution

By on April 10, 2014 in Blog with 0 Comments
Settling Defendant Not Entitled to Pursue Cross-Claim for Contribution

A company responsible for maintaining cargo lifts found out in Cherilus v. Federal Express, 2014 N.J. Super. LEXIS 47 (App. Div. 2013) that after it settled with plaintiff, it would not be able to pursue the co-defendant manufacturer for contribution. In Cherilus, the plaintiff, Joseph Cherilus, was injured on a cargo lift at a Federal […]

Share

Continue Reading »

Spoliation Claim May Be Pursued Against Defendant Homeowner

By on April 2, 2014 in Blog with 0 Comments
Spoliation Claim May Be Pursued Against Defendant Homeowner

Plaintiff Merri Chapin, while on her way home from work on a rainy and very windy day, was struck by a tree limb that came through her windshield and pierced her left arm and abdomen. The tree limb was alleged to be from one of two trees on Defendant Kathleen Samaras’s property. In Chapin v. […]

Share

Continue Reading »

Payment of Insurance Settlement by Carrier Does Not Entitle Insured to Attorneys Fees

By on March 19, 2014 in Blog with 0 Comments
Payment of Insurance Settlement by Carrier Does Not Entitle Insured to Attorneys Fees

T. Glennon, Inc. (“TGI”) sued its excess insurance carrier, the Hartford Casualty Insurance Company (“Hartford”), for attorneys fees incurred in its lawsuit brought to determine coverage for an intentional wrong employee workplace personal injury suit filed against TGI. In Johnson v. Plasser American Corp., 2014 N.J. Super. Unpub. LEXIS 372 (App.Div. 2014), TGI argued that, […]

Share

Continue Reading »

Mode of Operation Rule Found Not Applicable to Fall at KFC

By on March 10, 2014 in Blog with 0 Comments
Mode of Operation Rule Found Not Applicable to Fall at KFC

Janice Prioleau fell at a Kentucky Fried Chicken on a substance she believed to be a mix of grease and water on its floor. In Prioleau v. Kentucky Fried Chicken, Inc., 2014 N.J. Super. LEXIS 29 (App.Div. Mar. 3, 2014), the Appellate Division decided that it was error for the trial court to charge the […]

Share

Continue Reading »

Why You Should Take an Offer of Judgment Seriously

By on March 6, 2014 in Blog with 0 Comments
Why You Should Take an Offer of Judgment Seriously

Typically, defendants ignore an offer of judgment filed by a plaintiff. The published Appellate Division decision in Feliciano v. Faldetta, 2014 N.J. Super. LEXIS (App. Div. 2014) should give defendants a reason to take these offers seriously. In Feliciano, a $15,000 offer of judgment, which was rejected, turned into a $109,185 judgment after attorneys fees, […]

Share

Continue Reading »

Frustration of Purpose Valid Defense in NJ Contract Action

By on February 26, 2014 in Blog with 0 Comments
Frustration of Purpose Valid Defense in NJ Contract Action

By: Betsy G. Ramos, Esq. The Doctrine of Frustration of Purpose is a valid defense in a breach of contract action. However, in JB Pool Management, LLC v. Four Seasons at Smithville Homeowners Assoc., 2013 N.J. Super. LEXIS 88 (June 13, 2013 App. Div.), the Appellate Division held that this defense must be pled as […]

Share

Continue Reading »

Condo Association No Liability for Fall on Interior Sidewalk

By on February 18, 2014 in Blog with 0 Comments
Condo Association No Liability for Fall on Interior Sidewalk

With all the ice and snow this winter, condominium associations (and their insurers) that maintain interior sidewalks in their community will be breathing a sigh of relief that they have no liability for an injury from a fall on an icy patch on an interior sidewalk. In the unpublished Appellate Division decision, Qian v. Toll […]

Share

Continue Reading »

No Duty Owed by Private Utility to Remove Dead Tree

By on February 11, 2014 in Blog with 0 Comments
No Duty Owed by Private Utility to Remove Dead Tree

No Duty Owed by Private Utility Company to Remove Dead Tree in Right of Way to Prevent Accident The Plaintiffs in McGlynn v. State of New Jersey, no. L-2-06 (App. Div. Jan. 3, 2014) claimed that Jersey Central Power and Light Company (“JCP&L”) owed a duty of care to remove vegetation in its right of […]

Share

Continue Reading »

Top