Court Refuses to Apply Relation Back Rule to Permit Amended Pleading Filed Beyond Statute of Limitations
Plaintiff Michael Martin was employed by Gary F. Gardner, Inc. to perform inspections and correct punch list items at an assisted living facility that was under construction. He filed suit against Gary F. Gardner and “John Doe’s (1-4)” just prior to the expiration of the statute of limitations. In Martin v. Conifer-LeChase Construction, LLC, 2017 […]
Wear and Tear Homeowner’s Policy Exclusion Upheld by Court to Bar Property Damage Claim to Pool
Plaintiffs Richard and Vicki Klein filed a claim with Defendant Franklin Mutual Insurance Co. (“FMI”) due to damage to their in-ground pool. Plaintiffs claimed that the damage was caused by a rotted tree branch from a neighbor’s property which fell into their pool. The defendant disputed the cause of the damage, contending that it was […]
Tenant’s Personal Injury Claim against Property Manager Dismissed
Plaintiff Diedre Bradley resided in an apartment building in East Orange that was managed by Defendant Dynamic Capital Property (“Dynamic”). On January 16, 2012, Plaintiff suffered an injury when she tripped and fell due to a crack on the marble stairs in the common area of the building. In Bradley v. Dynamic Capital Property, 2017 […]
Store Found Not Negligent for Plaintiff Who Was Injured Tripping Over Mannequin Platform
Plaintiff Patricia Rieger was shopping at the defendant Loft store in Marlton, NJ when she suffered an injury. She was trying on a scarf and, while viewing herself in the mirror of the common dressing area of the store, she backed up, tripped and fell over a platform behind her. Her trip caused the mannequin […]
Res Ipsa Loquitor Doctrine Not Available to Establish Negligence for Injury Due to Elevator Doors
Plaintiff Nadine Ambrico was injured when an elevator door closed on her hand and arm. The elevators were maintained by defendant Thyssenkrupp Elevator Corp. on a monthly basis. The issue in Ambrico v. Thyssenkrupp Elevator Corp., 2017 N.J. Super. Unpub. LEXIS 2558 (App. Div. October 13, 2017) was whether plaintiff needed an expert to pursue […]
Continuous Trigger Theory of Insurance Coverage Applied to Third Party Liability Claims Involving Progressive Damage to Property in Construction Defect Case
In a case of first impression, the Appellate Division in Air Master & Cooling, Inc. v. Selective Insurance Company of America, 2017 N.J. Super. LEXIS 144 (App. Div. October 10, 2017), in a published decision, ruled that the continuous trigger theory of insurance coverage may be applied in New Jersey to third party liability claims […]
Expert Testimony Needed to Establish Negligence Claim Based Upon Violation of State And Local Codes
Plaintiff Cornelia Wright was a tenant, living on the fourth floor of a Jersey City apartment building owned by defendant Premier Business Management, when she fell and was injured, while walking down a dark stairwell in the building. The building’s power was out due to an electrical power outage in Jersey City from Super Storm […]
Failure to File Timely Tort Claims Act Notice Should Not Bar Suit Against Municipality for Injuries Due to Chemical Vapors Based Upon Discovery Rule
Plaintiffs Edan and Edna Ben Elazar alleged that they suffered various personal injuries due to chemical vapors that infiltrated their electronics repair shop. The chemicals emanated from leaking underground storage tanks that belonged to the dry cleaner next door to the plaintiff’s shop but were buried in adjoining municipal property with the Township’s permission. In […]
Statute of Limitations in Construction Defect Case Accrues When Original or Subsequent Owners Knew of Basis or Should Have Known of Basis For Claim
In a recent New Jersey Supreme Court case, The Palisades at Fort Lee Condominium Association, Inc. v. 100 Old Palisade, LLC, 2017 N.J. LEXIS 845 (2017), the Court was asked to rule on when the statute of limitations accrued in a construction defect property damage case. The plaintiff Association filed suit against the general contractor […]
Personal Injury Claim Barred by Charitable Immunity Defense
Plaintiff Sabrina Losada filed suit against Princeton University and the Princeton Tigers Aquatic Club (“PTAC”) for injuries she suffered while attending her daughter’s swim meet. She claimed that she fell in a depression next to a walkway adjacent to the Princeton University building where the pool was located. In Losada v. Princeton University, 2017 N.J. […]
Betsy G. Ramos
redbanknaacp
Stephen Gilbert
Tom Begley
Connect With Capehart Scatchard