A Capehart Scatchard Blog

Trial Court Erred in Refusing to Consolidate Plaintiff’s Lawsuits from Two Different Accidents

By on February 27, 2015 in Uncategorized with 0 Comments

The Plaintiff Telma Moraes was injured in 2 different automobile accidents that occurred almost two years apart.   In the first accident, she injured her neck, back, and left knee. Less than one year after she filed a lawsuit as to the first accident, she was rear ended and again suffered injuries to her neck and […]

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Owner of Vacation Home May be Liable to Renter for Fall on Stairwell Even if Design Complied with Construction Codes

By on February 20, 2015 in Blog with 0 Comments

Plaintiff Frank Danley rented a vacation home in Long Beach from Pasquale Pappalardo. The home had been recently renovated to add a third floor space which was accessible by an eight-step interior staircase. The plaintiff was talking to a friend standing in the kitchen and, while walking along the counter, missed the one step that […]

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Minor Defendant Found to Have Breached No Duty to Minor Plaintiff in Sports Related Injury

By on February 13, 2015 in Blog with 0 Comments
Minor Defendant Found to Have Breached No Duty to Minor Plaintiff in Sports Related Injury

Children sometimes are injured when playing sports with other kids. The issue decided by the Appellate Division in the published case of C.J.R. v. G.A, 2014 N.J. Super. LEXIS 165 (App. Div. December 8, 2014), is what standard should be applied in determining whether the minor breached any duty owed to the injured minor in […]

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Don’t Forget to Negotiate the Nonmonetary Terms of Your Settlement Before You Reach a Final Settlement

By on February 6, 2015 in Blog with 0 Comments

Often parties are so focused on the monetary terms of a settlement, that they forget that there could be material nonmonetary terms that are important as well. Once a monetary offer is made and accepted, unless it has been made clear that there are other terms that are required to reach a final settlement, the […]

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Doctrine of Res Ipsa Loquitor Saves Plaintiff’s Case from Dismissal

By on January 30, 2015 in Blog with 0 Comments

Plaintiff, Wendy Lazarus, was injured as she tried to enter the elevator at the PATH station.  In Lazarus v. Port Authority of New York and New Jersey, 2014 N.J. Super. Unpub. LEXIS 2970 (App. Div. Dec. 29, 2014), the plaintiff sued the Port Authority for her injuries. Initially, her case was dismissed by the trial […]

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No Legal Duty Owed by Fraternity to Plaintiff Who Was Shot While Attending Fraternity Party

By on January 29, 2015 in Blog with 0 Comments

The question of the legal duty owed is not always clear under New Jersey law, particularly, if the claimed injury does not fall within the analysis of traditional premises liability law. In Peguero v. Tau Kappa Epsilon, 2015 N.J. Super. LEXIS 9 (App. Div. 2015), the Appellate Division, in a published decision, had to decide […]

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Mode of Operation Rule Does Not Apply to Fall Due to Milk Leaking from Milk Carton at Checkout Aisle

By on January 16, 2015 in Blog with 0 Comments
Mode of Operation Rule Does Not Apply to Fall Due to Milk Leaking from Milk Carton at Checkout Aisle

When the mode of operation doctrine applies in a personal injury case, it makes a case more difficult to defend because it eliminates the plaintiff’s burden of proof in establishing that the proprietor had notice of the dangerous condition. In the recent case of Novick v. Glass Gardens, Inc., 2014 N.J. Super. Unpub. LEXIS 2873 […]

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No Right of Appeal from Trial Court’s Order Arising under APDRA as to PIP Claim

By on January 5, 2015 in Blog with 0 Comments
No Right of Appeal from Trial Court’s Order Arising under APDRA as to PIP Claim

A dispute arose between a chiropractic provider, Complete Care, and an automobile insurer, GEICO, over personal injury protection (“PIP”) benefits. The insured, Walter Jones, was injured in an auto accident in 2007 and treated by Complete Care. When GEICO stopped paying his bills, Jones assigned his right to receive PIP benefits to Complete Care. In […]

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HIPAA Authorizations Now Required to be Served with Plaintiff’s Answers to Interrogatories

By on December 19, 2014 in Blog with 3 Comments

A recent New Jersey civil procedure rule amendment now requires that plaintiffs serve HIPAA authorizations along with their answers to interrogatories. Pursuant to R. 4:17-4, a plaintiff seeking damages for personal injuries shall serve contemporaneously with his or her answers to interrogatories, an executed form authorizing disclosure to the opposing party or parties, for purposes […]

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Charitable Immunity Broadly Applied to Bar Personal Injury Claim of Plaintiff

By on December 12, 2014 in Blog with 0 Comments
Charitable Immunity Broadly Applied to Bar Personal Injury Claim of Plaintiff

The law is well settled that a beneficiary of charitable works who is injured while attending an immunized event is barred from recovering for a bodily injury negligence claim against the charitable organization. However, what about when the “beneficiary” is dropped off at a church by her daughter to attend an event and the daughter […]

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