Charitable Immunity Broadly Applied to Bar Personal Injury Claim of Plaintiff
The law is well settled that a beneficiary of charitable works who is injured while attending an immunized event is barred from recovering for a bodily injury negligence claim against the charitable organization. However, what about when the “beneficiary” is dropped off at a church by her daughter to attend an event and the daughter […]
Court Finds Homeowners May Be Covered for Collapsed Basement Wall Allegedly Caused by Hidden Decay
Plaintiffs Alexander and Moinica Bardis suffered a loss on December 26, 2009 when the right basement wall of their 20 year old single family home collapsed. They filed a property loss claim against their homeowner’s policy with Cumberland Insurance Group (“Cumberland”). After investigation, Cumberland determined that the loss was not the result of a peril […]
Foreign Corporation Which Loses Its Certificate of Authority To Transact Business in NJ May Not File Suit to Enforce Claims
In Seven Caesars, Inc. v. Dooley House, 2014 N.J. Super. Unpub. LEXIS 2222 (Sept. 11, 2014 App. Div.), Seven Caesars was a subcontractor to Dooley House which entered into a contract with the City of Camden to rehabilitated the Hogan House. After the contract was underway, the City maintained that Dooley House was not complying […]
New Jersey Cannot Transfer Case to Pennsylvania Due to Lack of Personal Jurisdiction
Plaintiffs Mohammad were injured in an automobile accident in Philadelphia. Plaintiffs reside in North Bergen, New Jersey and defendants in Bensalem, PA. Plaintiffs filed suit in Bergen County in Mohammad v. Cohen, 2014 N.J. Super. Unpub. LEXIS 2688 (App. Div. Nov. 14, 2014) and defendants moved to dismiss based upon the lack of personal jurisdiction. […]
Limitations Period in Fire Policy Upheld
In Rihanna Corp. v. Certain Underwriters at Lloyd’s of London, 2014 N.J. Super. Unpub. LEXIS 2216 (App. Div. Sept. 11, 2014), the plaintiff insureds sought payment under a certain business owner’s insurance policy for a fire loss suffered by Rihana Restaurant. The defendant insurance company (“Lloyd’s”) denied coverage, citing a limitation provision in its policy, […]
No Personal Jurisdiction Found for India Company that Sold Machine Causing Plaintiff’s Injury
Plaintiff Rajnikant Patel claimed to be injured at work while working on a tablet press machine manufactured by the defendant Karnavati Engineering, Ltd. (“Karnavati”), a corporation located in India. In Patel v. Karnavati America, LLC, 2014 N.J. Super. LEXIS 139 (App. Div. Oct. 9, 2014), the defendant Karnavati claimed that the court in New Jersey […]
Mode-of-Operation Doctrine Applies for Fall at Mall Due to Liquid from a Beverage
In Lebrio v. Pier Shops at Caesar’s, 2014 N.J. Super. Unpub. LEXIS 2319 (App. Div. Sept. 25, 2014), the plaintiff Karen Lebrio injured her knee and back when she slipped and fell while walking in a common area at The Pier Shops at Caesar’s in Atlantic City. The jury awarded her $427,000 for her injuries. […]
Landlord Found Not to Have Breached Any Duty to Guest of Tenant in Failing to Provide Adequate Security
Melissa Alvarado sued the Blair House, a condominium complex, and its property manager based upon personal injuries she suffered due to the defendants’ alleged failure to provide adequate security while at Blair. One night, she was there to visit her boyfriend at 12:15 am and, while parking her car, was approached by two individuals, Eric […]
Insurer Not Liable for Attorneys Fees for Failure to Pay Homeowners’ Insurance Claim
Plaintiffs Alfio and Jennifer Leone filed a lawsuit against Lantana Insurance Ltd., relating to their claims for coverage under their Homeowners Insurance policy. They claimed that Lantana wrongfully denied their claim for wind damage to their home incurred during Hurricane Sandy. In Leone v. Lantana Insurance Ltd., 2014 U.S. Dist. LEXIS 121873 (D.Ct. Sept. 2, […]
Insurance Carrier Not Permitted to Vacate Default Against Insured Entered Two Years After Notified of Lawsuit
In Marciante v. Huezo, 2014 N.J. Super. Unpub. LEXIS 2281 (App. Div. Sept. 19, 2014), ARI Mutual Insurance Co. (“ARI”) tried to vacate a default entered against its insured more than one year after a default judgment was entered against its insured and three years after the insured was served with the lawsuit. The plaintiff […]
Betsy G. Ramos
redbanknaacp
Stephen Gilbert
Tom Begley
Connect With Capehart Scatchard