A Capehart Scatchard Blog

Catholic Cemetery Found Immune from Liability for Personal Injury Claim based Upon Charitable Immunity Act

By on February 16, 2018 in Liability with 0 Comments

Plaintiff, Gary Jack, and his wife Maureen had attended a funeral at the Calvary Cemetery. Maureen was pushing the plaintiff in a rolling walker, when the front wheels of his walker lodged in a crack in the asphalt, causing him to fall from the walker and break his wrist. In Jack v. Calvary Cemetery, 2017 […]

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Homeowner Limited to Cash Value of House in Fire Loss Claim

By on February 9, 2018 in Claims with 0 Comments

Plaintiff Dawn Dunkerly made a claim against her homeowner’s insurance company, Encompass Insurance Company, for the fire loss of her parents’ home. A fire swept through the house and completely destroyed it. As executor of her parents’ estate, plaintiff submitted a claim to defendant Encompass under her parents’ homeowners policy to be compensated for the […]

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What Defenses Are Available to Public Entities for Falls on Public Sidewalks?

By on February 2, 2018 in Liability with 0 Comments

If a plaintiff is able to establish that it is the public entity who bears the responsibility for the condition of a public sidewalk which caused the plaintiff’s fall, the public entity may remain immune from liability based upon Tort Claims Act defenses. The public entity (municipality, county, or State) may defend on the basis […]

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When is an Adjoining Landowner Considered to be “Commercial” for Purposes of Imposing Liability for a Fall on a Public Sidewalk Under New Jersey Law?

By on January 26, 2018 in Liability with 0 Comments

Last week, I reviewed the general case law as to the imposition of liability of an adjoining property owner for a fall on a public sidewalk. However, to determine the obligation of the adjoining landowner (a landowner whose property abuts a public sidewalk), the key is whether the property owner qualifies as a “residential” or […]

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Who is Responsible Under New Jersey Law When an Injury Occurs Due to a Fall on a Public Sidewalk?

By on January 19, 2018 in Liability with 0 Comments

There is an extensive body of law in New Jersey concerning who is the responsible entity when an injury occurs on a public sidewalk. Is it the public entity to whom the sidewalk belongs or is it the adjoining property owner or could the injured party be without any recourse? The answer to these questions […]

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Common Law Dog Bite Liability Can Reach Beyond the Dog Owner to A “Keeper”

By on January 12, 2018 in Liability with 0 Comments

By:  Charles F. Holmgren, Esq. Edited by: Betsy G. Ramos, Esq. Plaintiff Jeanette Carabello and her husband went outside one winter morning to shovel snow. As she was shoveling, a dog owned by their neighbor’s grandson and residing at their neighbor’s home, ran up to her and bit her on the leg. Rather than suing […]

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Homeowners Found Not Liable for Slip and Fall on Ice on Adjoining Public Sidewalk Due to a Refreeze of Water From Homes’ Downspouts

By on January 5, 2018 in Liability with 0 Comments

Plaintiff Rosa Perez slipped and fell on a public sidewalk in Harrison, New Jersey while walking in front of the row-homes of defendants Joseph and Jane Bator and Jose and Rosalyne Parraguez. Both homes had rooftop gutters and downspouts that channeled rain water and snowmelt into the common alleyway between the two homes and spilled […]

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Counterclaim Filed After Statute of Limitations Expired Permitted to “Relate Back” to Timely Filed Complaint

By on December 28, 2017 in Statute of Limitations with 0 Comments

In New Jersey, personal injury actions must be filed within two years of the accrual of the action. What happens if the complaint is filed on the last day of the statute of limitations and the defendant wishes to file a counterclaim arising out of the same incident? Is the counterclaim barred? That was the […]

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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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