A Capehart Scatchard Blog

Slip And Fall Plaintiff Not Required To Prove Notice Of Dangerous Condition If Created By Defendant

By on March 26, 2021 in Negligence with 0 Comments

The plaintiff Thomas Seeley was injured at Bally’s Casino when he slipped and fell in the public men’s restroom.  He had not noticed the moisture on the floor before he fell.  The issue in Seeley v. Caesars Entertainment, 2021 N.J. Super. Unpub. LEXIS 446 (App. Div. March 18, 2021), was whether the testimony that the […]

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Commercial Landowner Found Potentially Liable For Fall Occurring on Grassy Area Between the Sidewalk and Curb

By on March 5, 2021 in Liability with 0 Comments

Plaintiff Quinisha White fell in front of a commercial property while walking from her house to a car in the street.  She had stepped into the grassy area between the sidewalk and the curb and lost her balance due to an uneven decline by the curb.  She sued the owner of the property, defendant Magyar […]

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Retail Store Found To Be Potentially Liable For Trip And Fall Caused By Gap Between Escalator Platform And Floor

By on February 26, 2021 in Negligence with 0 Comments

Plaintiff Arcelie Williams was injured while shopping at the defendant J.C. Penney store.  While on the second level of the store, she attempted to use the escalator to go down to the first level but her foot caught on a metal platform that was immediately in front of and connected to the escalator.  She fell […]

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Burden to Apportion Damages For Two Successive Accidents Shifted to Defendants If Plaintiff Suffered “Unitary” Harm

By on February 19, 2021 in Negligence with 0 Comments

Plaintiff Joseph Bucchi was involved in a pedestrian motor vehicle accident after an alleged altercation with defendant Janet DeLuca. After found lying in the street by another individual, he “wobbled into the street,” and was struck by defendant Joan Strothers’ vehicle. The issue in Bucchi v. DeLuca, 2020 N.J. Super. Unpub. LEXIS 2066 (App. Div. […]

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Third-Party Complaint Against Municipality Barred Due To Defendant’s Failure To Timely File A Notice Of Tort Claim

By on February 12, 2021 in Negligence with 0 Comments

Plaintiff Eartha Butler claims that, on March 18, 2018, she suffered injuries after tripping and falling on a sidewalk adjacent to the defendant Badr’s Jersey City private school (“Badr”).  Badr was unaware of plaintiff’s claim until seven months after the accident.  At that time, it served a notice of tort claim upon Jersey City.  The […]

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Court Enforces Settlement Agreement Without Insurer Included on Release

By on February 5, 2021 in Settlements with 2 Comments

Plaintiff Glentina Kupolati sued the Village of Timber Creek Condominium when she slipped and fell on a sidewalk near her home.  On the day of trial, the parties’ counsel met to settle the matter with counsel orally agreeing that plaintiff would receive $180,000 and, in return, Kupolati would sign a general release, waiving any claims […]

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Supermarket Found Not Liable For Plaintiff’s Fall Due To Water On Store’s Floor

By on January 29, 2021 in Liability with 2 Comments

Plaintiff Sara Quejada was shopping with her daughter at defendant’s supermarket when she slipped and fell on water as they were near the checkout area of the store.  Plaintiff did not know the source of the water. The issue in Quejada v. ShopRite, 2021 N.J. Super. Unpub. LEXIS 91 (App. Div. Jan. 19, 2021) was […]

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Plaintiff’s Negligence Claim Against Retailer Store Dismissed For Failure to Prove Causation for Fall

By on January 22, 2021 in Negligence with 0 Comments

Plaintiff Jeanne Ludwig was shopping at the Michaels store when she tripped and fell over the base of a railing while backing up inside a shopping cart corral inside the store.  Plaintiff was looking for lights to display on her windowsill and tripped when her foot hit the base of the railing for the cart […]

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General Contractor Found Not Responsible for Injury to Subcontractor Employee

By on January 15, 2021 in Negligence with 0 Comments

Defendant Louis Gargiulo Co., Inc. (“Gargiulo”) was hired as a general contractor to perform work at the Hudson County Schools of Technology. Defendant hired Adamo Brothers Construction (“Adamo”) to perform a portion of the work. Plaintiff, an Adamo employee, suffered an injury while operating a jackhammer on the job site. The issue in Sutuj v. […]

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New Jersey Supreme Court Orders Virtual Jury Trials to Proceed

By on January 8, 2021 in Other with 0 Comments

After receiving numerous public comments, on January 7, 2021, the New Jersey Supreme Court has ordered that virtual jury trials are to proceed, starting on February 1, 2021. They will be implemented in a two phase approach in a limited number of vicinages on a voluntary basis starting February 1, 2021 and on a mandatory […]

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