A Capehart Scatchard Blog

Court Holds Improper to Cross-Examine a Witness on Police Report not Offered into Evidence

By on July 14, 2014 in Blog with 0 Comments

Attorneys have a full arsenal of strategies at their disposal in the course of cross-examining an opposing party or witness during a trial in order to undermine that person’s credibility in front of a jury. “Impeachment by omission” is one such strategy whereby the attorney will use a fact stated by the witness at trial […]

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Claim under Insurance Policy Denied Due to Failure to Give Notice as Soon as Practicable

By on July 9, 2014 in Blog with 0 Comments

In Templo Fuente De Vida Corp. v. National Union Fire Insurance Co., 2014 N.J. Super. Unpub. LEXIS 1303 (App. Div. 2014), the plaintiffs, as assignee for Merl Financial Group (“MMI”), claimed that MMI’s insurance company wrongfully disclaimed coverage under an Officers, Directors, and Employees policy. This policy was a claims-made policy, which provided coverage only […]

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No Loading And Unloading Coverage Found for Owner of Premises for Accident Caused by Defect in Loading Dock

By on July 3, 2014 in Blog with 0 Comments
No Loading And Unloading Coverage Found for Owner of Premises for Accident Caused by Defect in Loading Dock

In Burlington Coat Factory v. Jay Dee Trucking, 2014 N.J. Super. Unpub. LEXIS 1252 (App. Div. 2014), the Burlington Coat Factory (“Burlington”) sued Jay Dee Trucking (“Jay”) and its carrier National Specialty Insurance Co. (“National”), claiming that it was entitled to a defense and indemnification under a Trucker’s Policy issued to Jay for a lawsuit […]

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Plaintiff’s Parking Lot Defect Claim Dismissed

By on June 27, 2014 in Blog with 0 Comments
Plaintiff’s Parking Lot Defect Claim Dismissed

Plaintiff Dawn Pintimalli was at the Hamilton Marketplace to shop at the Staples store. She parked her car next to the island. When she returned to her car with her packages, she stepped up onto the curb to put her packages in her car, stepped down onto the parking lot, twisted her right ankle, and […]

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Plaintiff Found to Have Met Portee Observation Standard for Emotional Distress in Son’s Injury

By on June 18, 2014 in Blog with 0 Comments
Plaintiff Found to Have Met Portee Observation Standard for Emotional Distress in Son’s Injury

Plaintiff and his stepson, Louis Acerra, were at home and asleep when they were awakened by the sound of a smoke detector alerting them to a fire downstairs. They sought refuge in plaintiff’s bedroom, but then Acerra ran into the hallway filled with smoke and flames. Plaintiff thought Acerra had escaped and proceeded out a […]

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Playing Drums May Constitute Actionable Nuisance

By on June 12, 2014 in Blog with 0 Comments

The plaintiff Joanne Traetto lived next door to the defendant whose son played the drums, allegedly at all hours of the day and night. She worked out of her home as a computer analyst and could hear her neighbor’s 15 year old son play his drums in the garage. In Traetto v. Palzzao, 2014 N.J. […]

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Homeowner Found To Have No Liability For Slip On Diving Board

By on June 5, 2014 in Blog with 0 Comments
Homeowner Found To Have No Liability For Slip On Diving Board

Plaintiff James Stackhouse went for a swim in the defendant homeowner’s pool upon the invite of the defendant’s son. He slipped on an oily substance on the diving board and hurt his knee. In Stackhouse v. Bryant, 2014 N.J. Super. Unpub. LEXIS 1189 (App.Div. May 23, 2014), he sued the defendant for his injury, claiming that […]

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Insurance Carrier’s Reservation of Rights Found Sufficient To Permit Later Disclaimer

By on May 29, 2014 in Blog with 0 Comments

In Petersen v. New Jersey Mfrs. Ins. Co., 2014 N.J. Super. Unpub. LEXIS 995 (App. Div. May 2, 2014), the Appellate Division considered whether NJM adequately reserved its rights so as to permit it to later disclaim coverage. In Petersen, Lonnie and Kathleen Petersen’s son, Brandon, stabbed and robbed a neighbor. He was charged with […]

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No Jurisdictional Discovery Permitted by Federal Court to Establish Diversity for Insurance LLC Defendants

By on May 15, 2014 in Blog with 0 Comments
No Jurisdictional Discovery Permitted by Federal Court to Establish Diversity for Insurance LLC Defendants

In Lincoln Benefit Life Co. v. AEI Life, 2014 U.S. Dist. LEXIS 46726 (April 4, 2014), the plaintiff life insurance company sued in the District Court of New Jersey to void out two life insurance policies on the life of Gabrielle Fischer due to material misrepresentations made in the insurance application and/or due to the […]

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No Duty To Warn for Open and Obvious Condition

By on May 8, 2014 in Blog with 0 Comments
No Duty To Warn for Open and Obvious Condition

Plaintiff Thomas Hackett suffered injuries when he hit his head on the ceiling when climbing a ladder to a water tower on the roof of a commercial building to repair an air conditioner. He was a technician working for Statewide Conditioning Inc., which had a contract with the defendants to perform the HVAC repair work. […]

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