A Capehart Scatchard Blog

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

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 […]

Share

Continue Reading »

Failure to File Timely Tort Claims Act Notice Should Not Bar Suit Against Municipality for Injuries Due to Chemical Vapors Based Upon Discovery Rule

By on September 29, 2017 in Court Rulings with 0 Comments

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 […]

Share

Continue Reading »

Statute of Limitations in Construction Defect Case Accrues When Original or Subsequent Owners Knew of Basis or Should Have Known of Basis For Claim

By on September 22, 2017 in Court Rulings with 0 Comments

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 […]

Share

Continue Reading »

Personal Injury Claim Barred by Charitable Immunity Defense

By on September 15, 2017 in Court Rulings with 0 Comments

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. […]

Share

Continue Reading »

Plaintiff not Considered Uninsured While Principally Garaging His Motor Vehicle in NJ but Insuring the Vehicle in His Home State of Louisiana

By on September 8, 2017 in Coverage with 0 Comments

In a novel decision, Ledet v. Oller, No. HUD L-2772-16  (Law Div. Aug. 28, 2017),  the court was asked to decide if the plaintiff was considered to be “culpably uninsured” if his motor vehicle was principally garaged in New Jersey while he attended graduate school but insured and registered in his home state of Louisiana. […]

Share

Continue Reading »

Defendant Barred from Suing Public Entity Due to Failure to File Timely Tort Claims Act Notice

By on September 1, 2017 in Court Rulings with 0 Comments

On July 27, 2017, the New Jersey Supreme Court decided important issues concerning the ability of a defendant to sue a public entity in a third party claim.  In the case of Twanda Jones v. Morey’s Pier, 2017 N.J. LEXIS 812 (July 27, 2017), the Supreme Court decided that a defendant is barred from asserting […]

Share

Continue Reading »

Defense Doctor Permitted to Testify as to Lack of Necessity of Plaintiff’s Surgical Procedures Despite Failing to Include that Opinion in his Report

By on August 25, 2017 in Court Rulings with 0 Comments

Plaintiff Silvano Collado was rear-ended by defendant Eli Salzman while driving a min-commuter bus in Jersey City, New Jersey. Defendant stipulated to liability and the matter proceeded to a damages only trial. In Collado v. Salzmann, 2017 N.J. Super. Unpub. LEXIS 2144 (App. Div. Aug. 22, 2017), the plaintiff appealed the no cause entered against […]

Share

Continue Reading »

Personal Injury Suit Remanded Back to State Court Due to Failure to Meet Monetary Threshold for Federal Diversity Jurisdiction

By on August 18, 2017 in Court Rulings with 0 Comments

Plaintiff Maria Nalbone, age 87 years old, fell in her room in the Mirage Casino in Las Vegas. She injured one of her ribs due to the fall. In Nalbone v. The Mirage Casino-Hotel, 2017 U.S. Dist. LEXIS 117463 (D.N.J. July 25, 2017), plaintiff argued that the matter did not meet the threshold value of […]

Share

Continue Reading »

Top