A Capehart Scatchard Blog

Discovery on Bad Faith Claim Should Be Stayed Until the Underlying UIM Claim is Decided

By on June 12, 2015 in Blog with 0 Comments

In the prior case of Procopio v. Government Employees Insurance Company, 433 N.J. Super. 377 (App. Div. 2013), the Appellate Division ruled that, in a suit alleging both a claim for UIM benefits and a bad faith claim against the carrier, discovery of the bad faith claim should be stayed until the conclusion of the […]

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Mortgage Company Held Not Liable to Injured Plaintiff Who Fell on Sidewalk in Front of Foreclosed Apartment Building

By on June 5, 2015 in Blog with 0 Comments

The plaintiff Matthew Mcroy slipped and fell on snow and ice on a sidewalk abutting a four unit apartment building that was owned by Waheed Eskander (“Eskander”). The building was vacant at the time he fell. Eskander had defaulted on his mortgage to Bank of America (“”BOA”) and a final judgment by foreclosure was entered […]

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Be Prepared… Amtrak Train 188 Derailment

By on May 29, 2015 in Blog with 0 Comments
Be Prepared… Amtrak Train 188 Derailment

This week’s article was guest-written by my Litigation Department partner, Vincent T. Cieslik, Esq. Shortly after 9:30 pm on May 12, 2015, Amtrak Regional Train #188 left the tracks on a curve in the Port Richmond section of Philadelphia, north of 30th Street Station.  Amtrak and emergency response personnel rushed to the late-night accident scene and […]

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Third Party Beneficiary of Insurance Policy Who Prevailed in Declaratory Judgment Action Against Insurance Carrier is Entitled to Award of Attorneys Fees

By on May 21, 2015 in Blog with 0 Comments

In Occhifinto v. Olivo Construction Co., decided by the New Jersey Supreme Court on May 7, 2015, the Court was asked to decide whether a third party beneficiary to an insurance policy could be considered a “prevailing party” entitled to recover attorneys fees under Rule 4:42-9(a)(6), when it prevailed against the carrier in the declaratory […]

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Counsel Fee Award Denied When not Preserved in High-Low Agreement

By on May 15, 2015 in Blog with 1 Comment

Babysitter Carol Collins was pushing three-year old Kirsten Jennings in a shopping cart at a jogging pace when she fell, pulling the cart down and causing injuries to Kirsten. In Jennings v. Collins, No. A-0750-13 (N.J. App. Div. Mar. 30, 2015), Kirsten’s father, plaintiff Kevin Jennings, filed suit as his daughter’s guardian ad litem against […]

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Residential Property Owners Found Not Liable for Dangerous Sidewalk Condition Created by Neighbors’ Sump Pump

By on May 8, 2015 in Blog with 0 Comments

This week’s article was written by my associate attorney, Voris M. Tejada, Jr., Esq. The plaintiff, David Johnson, was injured when he slipped and fell on an icy patch underneath some newly fallen snow on the sidewalk abutting the defendants homeowners’ property.  In Johnson v. Dymowski, 2015 N.J. Super. Unpub. LEXIS 895 (App. Div. Apr. […]

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Walmart Found Not Liable for Bodily Injury Caused by Unattended Shopping Cart

By on May 1, 2015 in Blog with 0 Comments

The 87 year old plaintiff, Anna Mae Bolge, was injured when she was struck by a wind-blown shopping cart in the parking lot of a Walmart. In Bolge v. Wal-mart Stores, Inc., 2015 U.S. Dist. LEXIS 10056 (D.N.J. Jan. 29, 2015), the plaintiff claimed that Walmart was negligent in the setup of its parking lot, […]

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PIP Carrier’s Claim Petition Is Rejected for Failure to Show Work Connection

By on April 24, 2015 in Blog with 1 Comment

This week’s article is a guest feature by my workers’ compensation department partner, John H. Geaney, Esq. What can a PIP carrier do when it believes the bills it has paid arise from a workers’ compensation case but the injured party has never filed a claim?  In New Jersey, the PIP carrier has a right […]

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Owner-Occupier of Three Family Home Found Not Liable for Personal Injury Claim from Sidewalk Slip and Fall

By on April 17, 2015 in Blog with 0 Comments

In Zheng v. Santos, 2015 N.J. Super. Unpub. LEXIS 331 (App. Div. Feb.23, 2015), the issue was whether the defendant homeowners Abelardo and Prescilla Santos had tort liability for the personal injury of the plaintiff Pin Lan Zheng resulting from her slip and fall due to snow and ice on the public sidewalk in front […]

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Restaurant Found Not Liable for Patron Whose Face was Burned by Leaning over Sizzling Plate of Food

By on April 10, 2015 in Blog with 0 Comments
Restaurant Found Not Liable for Patron Whose Face was Burned by Leaning over Sizzling Plate of Food

Plaintiff Hiram Jimenez ordered a steak fajita at Applebee’s. His food was brought to him in a sizzling skillet. After the waitress walked away, he bowed his head close to the table over his food to pray and grease from the food popped up and burned his face, neck, and arms. In  Jimenez v. Applebee’s […]

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