A Capehart Scatchard Blog

Playing Drums May Constitute Actionable Nuisance

By on June 12, 2014 in Blog with 0 Comments

The plaintiff Joanne Traetto lived next door to the defendant whose son played the drums, allegedly at all hours of the day and night. She worked out of her home as a computer analyst and could hear her neighbor’s 15 year old son play his drums in the garage. In Traetto v. Palzzao, 2014 N.J. […]

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Homeowner Found To Have No Liability For Slip On Diving Board

By on June 5, 2014 in Blog with 0 Comments
Homeowner Found To Have No Liability For Slip On Diving Board

Plaintiff James Stackhouse went for a swim in the defendant homeowner’s pool upon the invite of the defendant’s son. He slipped on an oily substance on the diving board and hurt his knee. In Stackhouse v. Bryant, 2014 N.J. Super. Unpub. LEXIS 1189 (App.Div. May 23, 2014), he sued the defendant for his injury, claiming that […]

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Insurance Carrier’s Reservation of Rights Found Sufficient To Permit Later Disclaimer

By on May 29, 2014 in Blog with 0 Comments

In Petersen v. New Jersey Mfrs. Ins. Co., 2014 N.J. Super. Unpub. LEXIS 995 (App. Div. May 2, 2014), the Appellate Division considered whether NJM adequately reserved its rights so as to permit it to later disclaim coverage. In Petersen, Lonnie and Kathleen Petersen’s son, Brandon, stabbed and robbed a neighbor. He was charged with […]

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No Jurisdictional Discovery Permitted by Federal Court to Establish Diversity for Insurance LLC Defendants

By on May 15, 2014 in Blog with 0 Comments
No Jurisdictional Discovery Permitted by Federal Court to Establish Diversity for Insurance LLC Defendants

In Lincoln Benefit Life Co. v. AEI Life, 2014 U.S. Dist. LEXIS 46726 (April 4, 2014), the plaintiff life insurance company sued in the District Court of New Jersey to void out two life insurance policies on the life of Gabrielle Fischer due to material misrepresentations made in the insurance application and/or due to the […]

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No Duty To Warn for Open and Obvious Condition

By on May 8, 2014 in Blog with 0 Comments
No Duty To Warn for Open and Obvious Condition

Plaintiff Thomas Hackett suffered injuries when he hit his head on the ceiling when climbing a ladder to a water tower on the roof of a commercial building to repair an air conditioner. He was a technician working for Statewide Conditioning Inc., which had a contract with the defendants to perform the HVAC repair work. […]

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Skidding of Automobile Does Not Give Rise to Inference of Negligence

By on April 30, 2014 in Blog with 0 Comments
Skidding of Automobile Does Not Give Rise to Inference of Negligence

Irena Pronina (“Pronina”), while operating a Hummer at 4:30 in the morning, drove down a hill, spun out on ice, and ended up on the grassy median on Route 78 in Somerset County. George Howell (“Howell”) was injured after trying to help her and signal motorists coming down the hill as to the ice. Whether […]

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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 […]

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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 […]

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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 […]

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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. […]

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