A Capehart Scatchard Blog

Condominium Association Not Liable for Injury on Sidewalk Adjacent to Its Buildings

By on December 15, 2017 in Liability with 0 Comments

Plaintiff Tina Waldeier was injured when thrown from her bicycle due to a defect in the sidewalk adjacent to the defendant Piper I Townhouse Condominium buildings. The Condominium Association argued that the condominiums were predominantly residential and, hence, it was not liable for the defects in the public sidewalk. In, Waldeier v. Piper 1 Townhouse […]

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Homeowner Found Not Liable for Injury Resulting from Fall on Driveway During Ongoing Snowstorm

By on December 8, 2017 in Liability with 0 Comments

Plaintiff, Michael Mangone, a UPS delivery worker, suffered an injury due to a fall from snow on the driveway of defendant Beverly Beer. Plaintiff sued Beer, claiming negligence. The question in Mangone v. Beer, 2017 N.J. Super. Unpub. LEXIS 2855 (App. Div. Nov.16, 2017) was whether the defendant breached any duty of care owed to […]

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A Refresher on the Standards for a Motion for Summary Judgment in the Context of Potential Liability of a Volunteer Athletic Coach

By on December 1, 2017 in Liability with 0 Comments

By:  Christopher J. Carlson, Esq. Edited by: Betsy G. Ramos, Esq. The Appellate Division recently decided a case with a fairly unusual fact pattern which nonetheless is instructive regarding the issue of Motions for Summary Judgment in general, as well as the more narrow issue of the potential liability of volunteer athletic coaches. Mone v. […]

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Court Refuses to Apply Relation Back Rule to Permit Amended Pleading Filed Beyond Statute of Limitations

By on November 17, 2017 in Court Rulings with 0 Comments

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 […]

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Wear and Tear Homeowner’s Policy Exclusion Upheld by Court to Bar Property Damage Claim to Pool

By on November 10, 2017 in Court Rulings with 0 Comments

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 […]

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Tenant’s Personal Injury Claim against Property Manager Dismissed

By on November 3, 2017 in Court Rulings with 0 Comments

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 […]

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Store Found Not Negligent for Plaintiff Who Was Injured Tripping Over Mannequin Platform

By on October 27, 2017 in Negligence with 0 Comments

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 […]

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Res Ipsa Loquitor Doctrine Not Available to Establish Negligence for Injury Due to Elevator Doors

By on October 20, 2017 in Negligence with 0 Comments

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 […]

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Continuous Trigger Theory of Insurance Coverage Applied to Third Party Liability Claims Involving Progressive Damage to Property in Construction Defect Case

By on October 13, 2017 in Liability with 0 Comments

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 […]

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Expert Testimony Needed to Establish Negligence Claim Based Upon Violation of State And Local Codes

By on October 6, 2017 in Negligence with 0 Comments

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 […]

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