A Capehart Scatchard Blog

Out-Of-State Auto Policy Required To Provide Minimum Liability Limits For New Jersey Auto Accident

By on February 28, 2020 in Coverage with 0 Comments

In the Supreme Court case of Felix v. Richards, 2020 N.J. LEXIS 293 (Feb. 26, 2020), the New Jersey Supreme Court was asked to decide whether an insurer who sold policies in both New Jersey and out-of-state was entitled to rely on the lesser coverage provided under its Florida policy for a vehicle involved in […]

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When Defense Decides Not to Call its Medical Expert to Testify at Trial, Plaintiff Not Permitted to Tell Jury That Doctor Had Been Retained by Defense but Not Called to Testify

By on February 14, 2020 in Evidence with 0 Comments

Plaintiff Peter Slomkowski had been involved in a rear end motor vehicle accident involving an underinsured motorist and sued New Jersey Manufacturers Insurance Co. (“NJM”) to recover benefits for his injuries. The key disputed issue at the trial of this matter was whether Plaintiff suffered a permanent injury as a result of the accident. In […]

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Residential Property Owner Found Not Liable for Plaintiff’s Injury Caused by Raised Public Sidewalk Slab Abutting Owner’s Home

By on February 7, 2020 in Negligence with 0 Comments

Plaintiff Carla Israel was walking on the sidewalk bordering the rear of the defendant’s home located in East Brunswick, New Jersey.  She fell as a result of an uneven slab of sidewalk and suffered an injury.  The issue in Israel v. Gross, 2019 N.J. Super. Unpub. LEXIS 2538 (App. Div. December 12, 2019) was whether […]

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Owner of Commercial Property Does Not Owe Its Tenant’s Invitee Duty to Clear Snow and Ice from Property’s Driveway While Property in Sole Possession and Control of Tenant

By on January 31, 2020 in Negligence with 0 Comments

In the published New Jersey Supreme Court decision of Shields v. Ramslee Motors, 2020 N.J. LEXIS 17 (2020), the Court was asked to decide whether the owner of a commercial property owed to its tenant’s invitee a duty to clear snow and ice from the property’s driveway while the property was in the sole possession […]

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Owner Of Motor Vehicle Not Liable For Accident When Driver Not Acting As Her Agent

By on January 24, 2020 in Negligence with 0 Comments

Plaintiff Giuseppe Scaturro was driving a motor vehicle with plaintiff Nelys Hernandez as a passenger when her vehicle was rear ended by the vehicle owned by defendant Ruth Otles. Otles was not in her vehicle at the time of the accident, which was being driven by Sen Turan.  The issue in Hernandez v. Otles, 2019 […]

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Owner Of Vacant Two-Family Home Found Not To Be Liable For Injury On Abutting Defective Sidewalk

By on January 17, 2020 in Liability with 0 Comments

The plaintiff, Nivia Cardenas, fell and injured herself on a defective sidewalk in front of a vacant home owned by defendants Mark and Anthony T. Severino.  The trial court judge determined that, because the property was not being used for commercial purposes at the time of the accident, the defendants had no duty to maintain […]

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Premises Liability Case Dismissed Against Supermarket Due To Plaintiff’s Failure To Prove Constructive Notice of Spill

By on January 10, 2020 in Negligence with 0 Comments

The plaintiff Beverly Jackson slipped and fell on a quarter size dollop of shampoo from a bottle that had just fallen from the shelf in the pharmacy department of the defendant supermarket.  Based upon video evidence, this shampoo had fallen on the ground three minutes before her fall.  In Jackson v. ShopRite of Ewing, 2019 […]

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Store Found Not Liable For Slip And Fall Due To Melting Snow From Cart In Aisle

By on January 3, 2020 in Liability with 0 Comments

Plaintiff Johanna Cortes fell while she and her husband were shopping at BJ’s Wholesale Club.  She allegedly slipped and fell in a puddle of water about two feet wide, created by melting snow from a cart left in the aisle.  In the federal court case of Cortes v. BJ’s Wholesale Club, 2019 U.S. Dist. LEXIS […]

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Court Rules that Treating Physicians May Testify as to Whether their Bills were Fair and Reasonable

By on December 20, 2019 in Evidence with 0 Comments

Plaintiff Maria Napolitano was in a motor vehicle accident when the vehicle in which she was a passenger was struck in the rear by a truck driven by defendant Tony Hudson and owned by MSS Vending Inc.  As the time of the accident, she was insured under an automobile insurance policy that included a $50,000 […]

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Landlord Found Not Liable for Tenant’s Injury on Stairs Due to Known Crack in Stair Tread

By on December 13, 2019 in Liability with 0 Comments

Plaintiff Mary Giraldi leased a single family home from defendants Michael and Susan Cervini. After living there for four years, she caught her foot in a gap between the porch stair treads and fell. In Giraldi v. Cervini, 2019 N.J. Super. Unpub. LEXIS 2183 (App. Div. Oct. 24, 2019), the issue was whether the defendant […]

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