A Capehart Scatchard Blog

Adequate Expert Report Needed To Establish Defect in Sidewalk for Bodily Injury Claim Against Homeowner

By on September 26, 2014 in Blog with 0 Comments
Adequate Expert Report Needed To Establish Defect in Sidewalk for Bodily Injury Claim Against Homeowner

Plaintiff Carylee Johnson slipped and fell on the public sidewalk in front of the home owned by defendants Eric and Leigh Ann Morse. She suffered injuries to her knee, arm, and shoulder and sued the defendant homeowners on the basis that the predecessor owner negligently built a defective sidewalk. In Johnson v. Morse, 2014 N.J. […]

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Insurance Carrier Not Estopped From Denying Homeowners’ Claim

By on September 19, 2014 in Blog with 0 Comments
Insurance Carrier Not Estopped From Denying Homeowners’ Claim

In Masaitis v. Allstate, 2014 N.J. Super. Unpub. LEXIS 2100 (App. Div. Aug. 26, 2014), the plaintiffs Marilyn and William Masaitis appealed from a jury verdict that they were not entitled to compensation from their homeowner’s insurance carrier, Allstate New Jersey Insurance co., for loss of property due to a fire. Allstate disclaimed coverage on […]

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No Punitive Damages May be Awarded Against an Estate for Dog Bite Claim against Deceased Defendant

By on September 12, 2014 in Blog with 0 Comments
No Punitive Damages May be Awarded Against an Estate for Dog Bite Claim against Deceased Defendant

Veronica Maciag, a minor, was attacked by a pit bull owned by the decedent defendant, Kenneth Kantor. There had been prior incidents involving this dog, in which the dog had escaped and bitten people. The minor filed suit against Kantor to recover for her injuries. After the lawsuit was filed, Kantor passed away and his […]

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Survival of One Claim in Lawsuit Does Not Negate Award of Attorney Fees under Frivolous Lawsuit Statute

By on September 5, 2014 in Blog with 0 Comments
Survival of One Claim in Lawsuit Does Not Negate Award of Attorney Fees under Frivolous Lawsuit Statute

Plaintiff James Epstein sued the defendant Sondra Lippi for injuries arising out of collision between him, as he was riding his bicycle, and the automobile she was operating. In Epstein v. Lippi, 2014 N.J. Super. LEXIS 1703 (July 14, 2014 App. Div.), Epstein, who was pro se, appealed an order awarding Lippi $1000 in counsel […]

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Third Circuit Rejects Argument That Plaintiff Was Not Required to Reimburse Medicare for Medical Expenses Incurred for Accident

By on August 21, 2014 in Blog with 0 Comments
Third Circuit Rejects Argument That Plaintiff Was Not Required to Reimburse Medicare for Medical Expenses Incurred for Accident

Plaintiff Cecilia Taransky appealed to the Third Circuit Court of Appeals, claiming that she was not required to reimburse Medicare for conditional medical expenses advanced on her behalf as a result of a trip and fall accident. In Taransky v. Sec’y of the United States HHS, 2014 U.S. App. LEXIS 14408 (3rd Cir. 2014), the […]

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Plaintiff’s Inability to Apportion Damages between Two Successive Accidents Does Not Bar His Claims

By on August 14, 2014 in Blog with 0 Comments

Plaintiff Philip Biazzo (“Biazzo”) had the misfortune to be rear ended twice in a single afternoon. He sued the drivers of both vehicles. As a result of both accidents, he claimed injury to his neck, back, and shoulders. He had suffered prior back and shoulder injuries but Biazzo claimed he had been asymptomatic for years. […]

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Appraisal Provision in Property Coverage Policy Not Equivalent to Arbitration Agreement

By on August 6, 2014 in Blog with 0 Comments

Plaintiffs German Automotive of Tinton Falls, Inc. and its owners Nicholas and Robyn Rossi suffered damage to their building when a vehicle driven by Rafael Vera-Hernandez drove into it. At the time, their building was insured under a Deluxe Garage Owners Policy with Harleysville Insurance Co. A dispute ensued with Harleysville as to the extent […]

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Driver of Minivan Used as School Bus Entitled to PIP Benefits

By on July 31, 2014 in Blog with 0 Comments

In the case of Taveras v. Roman, 2014 N.J. Super. Unpub. LEXIS 1728 (App. Div. July 16, 2014), the court had to decide on appeal whether a minivan that is used as a school vehicle falls under the definition of “automobile” under N.J.S.A. 39:6A-2(a). The plaintiff Angela Taveras was injured in a motor vehicle accident […]

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Judge’s Failure to Ask Any Open-Ended Questions in Voir Dire Merited Reversal of No Cause Verdict

By on July 25, 2014 in Blog with 0 Comments
Judge’s Failure to Ask Any Open-Ended Questions in Voir Dire Merited Reversal of No Cause Verdict

Back in May 2007, the New Jersey Administrative Office of the Courts (“AOC”) issued a directive (Directive #4-07) to all trial court judges that required that some open-ended questions be asked of jurors during the voir dire process. In New Jersey, only the judges can question prospective jurors. The purpose of this directive was to […]

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Court Holds Improper to Cross-Examine a Witness on Police Report not Offered into Evidence

By on July 14, 2014 in Blog with 0 Comments

Attorneys have a full arsenal of strategies at their disposal in the course of cross-examining an opposing party or witness during a trial in order to undermine that person’s credibility in front of a jury. “Impeachment by omission” is one such strategy whereby the attorney will use a fact stated by the witness at trial […]

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