A Capehart Scatchard Blog

Homeowners Found Not Responsible For Plaintiff’s Injury Caused By Raised Sidewalk Slab In Front Of Defendants’ Home

By on December 10, 2021 in Liability with 0 Comments

Plaintiff, Susan Mondie, tripped and fell on a raised sidewalk slab in front of the home owned by defendants, Christopher Linton and Tami Wolfelsperger.  Plaintiff claimed that the homeowners should be liable for her injury caused by her fall because a predecessor in title planted a pear tree next to the sidewalk and its roots […]

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Plaintiff Was Not Entitled To UIM Benefits From Brother’s Policy Due To Coverage Being Provided Under His Own Personal Vehicle

By on December 3, 2021 in Claims with 0 Comments

Plaintiff Christopher Ricciardi sued Allstate Insurance Company for underinsured motorist (UIM) coverage.  He was injured in a January 15, 2017 collision with an underinsured motorist while driving his brother’s pickup truck during their move to Florida.  Allstate insured his brother’s pickup truck.  Plaintiff had a personal vehicle insured by GEICO.  The issue in Ricciardi v. […]

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Appellate Division Finds that Constructive Notice an Issue for Fall on Clear Liquid Near Store Checkout Counter

By on November 19, 2021 in Court Rulings with 0 Comments

Plaintiff Shirley Broadnax suffered injuries when she slipped and fell on clear liquid on the floor at a supermarket owned by the defendant AJS Supermarkets. The trial judge had granted summary judgment to the defendant on the basis that the Plaintiff failed to show that the defendant had actual or constructive notice of the “dangerous […]

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Appellate Division Upholds Defense Jury Verdict Against Plaintiff For Trip Over A Curb

By on November 12, 2021 in Court Rulings with 0 Comments

Plaintiff Angela Lash tripped over a curb while stepping onto a sidewalk at defendants’ car wash.  As a result, she broke her leg.  The issue in Lash v. Ultimate Hand Car Wash and Detail Center, LLC and Carpel Rt. 46 Associates, LLC, 2021 N.J. Super. Unpub LEXIS 2601 (App. Div. November 5, 2021), was whether […]

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Tax Returns Of Corporation Subject To Presumption Of Confidentiality When Requested In Civil Lawsuit

By on November 5, 2021 in Evidence with 0 Comments

Plaintiff Charles Parkinson filed a lawsuit against defendants Diamond Chemical Company, Inc. and Harold Diamond, claiming that he was wrongfully terminated based upon his age.  The defendants claimed that the plaintiff was fired for “legitimate, non-discriminatory reasons” and contended that the plaintiff was fired because his “performance had been subpar for some period of time […]

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United States Supreme Court Reaffirms the Defense of Qualified Immunity as Applied in Constitutional Excessive Force Cases

By on October 29, 2021 in Court Rulings with 0 Comments

The United States Supreme Court has taken two opportunities to reaffirm the use of the defense of qualified immunity as applied to police officers who have been sued for civil rights violations pursuant to 42 U.S.C. § 1983. On October 18, 2021, the Court rendered decisions in City of Tahlequah v. Bond, 2021 U.S. LEXIS […]

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Plaintiff’s Slip And Fall Claim Dismissed Due To Her Failure To Prove Store Had Notice Of Water On Floor

By on October 22, 2021 in Negligence with 0 Comments

Plaintiff Maria Quinones slipped and fell on water on the floor of Kohl’s Clifton store.  She fell on water, described as a two foot long strip of water, as she was walking towards the checkout lane to get in line.  The issue in Quinones v. Kohl’s Department Stores, Inc., 2021 N.J. Super Unpub. LEXIS 2067 […]

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NJ Supreme Court Grants Certification in Mode of Operation Case

By on October 15, 2021 in Liability with 0 Comments

I had previously reported on the case of Jeter v. Sam’s Club, 2021 N.J. Super. Unpub. LEXIS 919 (App. Div. May 17, 2021) in which the Appellate Division had affirmed a summary judgment ruling, dismissing a personal injury lawsuit arising from a slip on a grape which was sold in a clamshell case by the […]

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Survivor’s Act Claim Barred Due To The Failure To Timely Appoint A General Administrator Of The Deceased Plaintiff’s Estate

By on October 8, 2021 in Claims with 0 Comments

This matter arises from an automobile accident on December 21, 2016 when the decedent, Joseph Chandler, was struck by an automobile driven by defendant Todd Kasper.  The decedent suffered significant injuries and passed away six days later.  The decedent’s daughter, Damaris Chandler, obtained an appointment as Administrator Ad Prosequendum but was not appointed as General […]

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Neither Wawa, Nor The State Held Liable For Accidents That Occurred Due To Drivers Making An Illegal Left Turn Into A Wawa Driveway

By on October 1, 2021 in Negligence with 2 Comments

In a published decision, the Appellate Division considered appeals from two cases involving motor vehicle accidents that occurred about one year apart at about the same location under similar circumstances.  In both cases, a driver traveling westbound on Route 322 in Folsom, New Jersey made an illegal left turn in the direction of one of […]

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