A Capehart Scatchard Blog

Snow Removal Contractor Found Not To Have Violated Contract For Failure To Add Owner Of Property To Its Liability Policy

By on May 15, 2020 in Court Rulings with 0 Comments

The plaintiff, Donna Michel was walking across the parking lot of the Wayne Towne Center when she was struck by a car operated by Sharon Langel.  At the time of the accident, piles of snow on medians at the end of the rows of the parking spaces in the parking lot allegedly impeded Langel’s visibility […]

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Questions Of Proper Speed And Control Of A Vehicle Found To Be Question Of Fact In Auto Accident Case, Precluding Order For Summary Judgment

By on May 8, 2020 in Court Rulings with 0 Comments

The plaintiff Alma Miley was involved in an automobile accident with the defendant Andrew Friel.  It occurred at an intersection in which plaintiff’s direction of travel was controlled by a stop sign but defendant’s direction of travel was not.  The issue in Miley v. Friel, 2020 N.J. Super. Unpub. LEXIS 57 (App. Div. January 9, […]

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NJ Supreme Court Rules that Landlord Not Responsible for Minor Burned on Apartment Unit’s Radiator

By on May 1, 2020 in Duty of Care with 0 Comments

On March 30, 2010, the minor, J.H., a 9 month old infant, was burned by an uncovered, free-standing cast iron loop radiator in an apartment owned and managed by defendants R&M Tagliareni, LLC and Robert & Maria Tagliareni. His bed was adjacent to a radiator that did not have a cover. His father discovered him […]

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Will New Jersey Business Owners Be Liable If Invitees Contract COVID-19 From Their Business After They Reopen?

By on April 24, 2020 in Duty of Care with 0 Comments

While business owners are likely waiting impatiently to reopen their businesses, what will happen if their invitees (customers, tenants, vendors) who come into their business contract COVID -19 and become sick or die? Could they be subject to being sued for their invitee’s illness or death? As of now, there is no legal protection in […]

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New Jersey Appellate Division Rejects Storm In Progress Defense

By on April 13, 2020 in Negligence with 0 Comments

In a published decision involving a slip and fall accident on a public sidewalk due to black ice, the Appellate Division rejected the ongoing-storm rule as a defense (aka the Storm in Progress rule). Instead, in Pareja v. Princeton International Properties, 2020 N.J. Super. LEXIS 41 (App. Div. Apr. 9, 2020), the Court held that […]

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Update on NJ Court Proceedings from Supreme Court Due to COVID-19 Pandemic

By on March 30, 2020 in Other with 0 Comments

On Friday, March 27, 2020, the New Jersey Supreme Court issued an omnibus order addressing the suspension of court proceedings, extension of deadlines and tolling time periods. The Court had been issuing almost daily orders but this order addressed the extension of those time periods based upon the current restrictions on movement and activity recommended […]

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Update On Arbitration Hearings In New Jersey State Court

By on March 20, 2020 in Other with 0 Comments

My blog yesterday reported that it was unclear how the New Jersey state court would handle arbitration hearings. We received a notice from the court this afternoon that all arbitrations were cancelled until April 10, 2020. They will be rescheduled. However, civil arbitrations will resume as of April 13, 2020 with participation to be either […]

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Coronavirus Continues To Disrupt Court Proceedings

By on March 19, 2020 in Other with 0 Comments

Due to the coronavirus pandemic, all New Jersey state court trials remain on hiatus. All are cancelled until further notice, except for ongoing trials. By order of the Chief Justice, all discovery deadlines are relaxed to permit the extension of discovery deadlines. For computation of the statute of limitations, March 16, 2020 to March 27, […]

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New Jersey Suspends All Jury Trials in Response to Coronavirus

By on March 13, 2020 in Other with 0 Comments

While I typically report on recent cases, I wanted to inform all clients that, as of March 12, 2020, Chief Justice Rabner announced that New Jersey state courts will suspend all new jury trials until further notice to help minimize community exposure to the coronavirus. Jury trials already in progress will continue. As for nonjury […]

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Disabled Motor Vehicle Driver Found Not Liable To Police Officer Injured In The Course Of Pushing Her Car To Side Of Roadway

By on March 6, 2020 in Negligence with 0 Comments

Plaintiff, Jean–Pierre Therrien, while on duty as a police officer, observed a disabled motor vehicle with its hazard lights activated, blocking a busy intersection.  Plaintiff spoke with the defendant driver Lynda Blow and learned that her vehicle had run out of gas.  While in the process of helping push her vehicle to the side of […]

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