A Capehart Scatchard Blog

Plaintiff Unable to Meet Verbal Threshold Based Upon Family Doctor’s Opinion Of Decline in Mental Status Due to Car Accident

By on January 25, 2019 in Civil Lawsuits with 0 Comments

Plaintiff Ann Giesguth was in a motor vehicle accident with a car driven by defendant Anthony Costanza. A week after the accident, she was found unresponsive and was taken to the hospital.  She was diagnosed with a pulmonary embolism. The hospital notes indicated that she “apparently suffered a closed head injury, TBI (traumatic brain injury) […]

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Plaintiff Barred From Calling PIP IME Doctor as Expert at Trial

By on January 18, 2019 in Litigation with 0 Comments

Plaintiff Jo Ann Catello Onello appealed from an order dismissing her complaint with prejudice following a jury verdict of no cause of action and an oral ruling barring the testimony at trial of her IME PIP doctor, Dr. Mark Berman. Plaintiff had been injured in a motor vehicle accident and sued the defendant who rear-ended […]

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Court Applies Mode of Operation Rule to Injury in Supermarket Caused by Water on Floor Due to Melted Snow from Shopping Cart

By on January 10, 2019 in Court Rulings with 0 Comments

Plaintiff Mindy Klarman was at Pathmark’s Lake Hopatcong supermarket on January 31, 2011 when she fell. She slipped on a puddle of water near the checkout, which came from snow off of the bottom of shopping carts, which had been brought into the store. In Klarman v. Pathmark Supermarket, 2018 N.J. Super. Unpub. LEXIS 2808 […]

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Apartment Complex Found not Liable to Plaintiff Who was Injured as a Result of Drive-By Shooting

By on January 4, 2019 in Liability with 0 Comments

Plaintiff Najee Paschall was in the vicinity of the Defendant Norfolk Square Apartments when he was shot as a result of a drive-by shooting. He was walking by the apartments when he saw a white van drive by, open its doors, and a person started shooting. Plaintiff was shot in the back. In Paschall v. […]

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When Can A Defendant Successfully File An Initial Motion To Dismiss Based Upon The Pleadings Versus A Motion For Summary Judgment?

By on December 28, 2018 in Litigation with 2 Comments

When a lawsuit is filed in New Jersey state court and the defendant believes that it has a strong defense against the claims asserted by the plaintiff, when is the best time to file a motion with the court asking for the lawsuit to be dismissed? Can the motion be filed immediately in lieu of […]

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Multiple Trials Error by Defense Counsel Merit Reversal of Jury Verdict

By on December 20, 2018 in Litigation with 0 Comments

The Appellate Division on December 6, 2018 issued a reported opinion addressing several key issues regarding trial tactics.  Given that this opinion was approved for publication, it must be assumed that it is the Appellate Division’s intention to emphasize the issues addressed therein so as to influence the conduct of future trials. The matter is […]

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Appellate Division Approves Suit By Comp Carrier Against Third Party Tortfeasor Even Where Injured Worker Had A Verbal Threshold Policy

By on December 10, 2018 in Court Rulings with 0 Comments

Automobile insurance carriers should expect an uptick in workers’ compensation carrier subrogation claims for medical expenses and temporary disability benefits, regardless of whether the injured worker was subject to the verbal threshold in his/her personal automobile policy based upon the recent published Appellate Division decision in New Jersey Transit Corporation v. Sandra Sanchez, A-0761-17T3 (App. […]

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Step-down Provision in Auto Policy as to Spouse Upheld by Court

By on December 7, 2018 in Liability with 0 Comments

Plaintiff Lori-Anne Michel was injured while walking in a crosswalk when she was struck by a car being driven by Rosa Ludena (“Ludena”). Ludena had a basic policy that did not provide any liability coverage. Plaintiff was a named insured under a USAA policy that provided $25,000 in underinsured motorist (“UIM”) coverage and, after submitting […]

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Appellate Division Reverses Order Denying Motion to Dismiss NJCRA Claims against New Jersey DEP Employees on the Basis of Qualified Immunity

By on November 30, 2018 in Court Rulings with 0 Comments

By:  Benjamin H. Zieman, Esq. Edited by: Betsy G. Ramos, Esq. In the recent precedential opinion of Radiation Data, Inc. v. N.J. Dep’t of Envtl. Prot., 2018 N.J. Super. LEXIS 149 (App. Div. Nov. 2, 2018), the Appellate Division highlighted the importance of resolving a public employee’s assertion of qualified immunity on a motion to […]

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Fitness Club Liability Waiver Form Found to be Unenforceable

By on November 21, 2018 in Liability with 0 Comments

Plaintiff Kyung Pak was injured while participating in the fitness class at the defendant NJ Fitness Factory’s fitness center. She had signed a waiver form, in which she waived any liability claims she had against the fitness club. The issue in Pak v. NJ Fitness Factory, Inc., 2018 N.J. Super. Unpub. LEXIS 916 (App. Div. […]

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