A Capehart Scatchard Blog

Plaintiff’s Personal Injury Claim Arising from Auto Accident Barred Due to His Inability to Establish a Permanent Injury as Required by Verbal Threshold Law

By on February 15, 2019 in Claims with 0 Comments

Plaintiff Hector Reyes claimed to have suffered personal injuries as a result of an automobile accident with defendant John Stanley. Plaintiff’s automobile insurance policy contained the limitation on lawsuit option (i.e., “verbal threshold”) which limited his ability to sue for noneconomic damages (i.e., his pain and suffering) under the Automobile Insurance Cost Reduction Act, specifically […]

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Loss of Control Over Motor Vehicle Due to Slippery Substance on Roadway Does Not Definitively Establish Negligence

By on February 8, 2019 in Negligence with 0 Comments

Plaintiff Fr. Babu T. Paramel (“Paramel”) was in a motor vehicle accident with defendant Merca Martinez (“Merca”) on Rt. 7 in Jersey City. Prior to the accident, Paramel had been driving eastbound on Rt. 7 and Merca was travelling westbound. As plaintiff was driving over a bridge, Merca lost control of her car due to […]

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Third Circuit Rules that Plaintiff May Sue Insurance Carrier under the Consumer Fraud Act for Deceptive Practices with Respect to her Personal Injury Claim

By on February 1, 2019 in Civil Lawsuits with 0 Comments

Plaintiff Ana Lidia Alpizar-Fallas sued Progressive Garden State Insurance Company (“Progressive”) and one of its agents, claiming that the Progressive agent violated the Consumer Fraud Act due to deceptive business practices. Alpizar-Fallas was insured by Progressive, as was the driver of the other vehicle. She claimed to have suffered a personal injury in a car […]

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Plaintiff Unable to Meet Verbal Threshold Based Upon Family Doctor’s Opinion Of Decline in Mental Status Due to Car Accident

By on January 25, 2019 in Civil Lawsuits with 0 Comments

Plaintiff Ann Giesguth was in a motor vehicle accident with a car driven by defendant Anthony Costanza. A week after the accident, she was found unresponsive and was taken to the hospital.  She was diagnosed with a pulmonary embolism. The hospital notes indicated that she “apparently suffered a closed head injury, TBI (traumatic brain injury) […]

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Plaintiff Barred From Calling PIP IME Doctor as Expert at Trial

By on January 18, 2019 in Litigation with 0 Comments

Plaintiff Jo Ann Catello Onello appealed from an order dismissing her complaint with prejudice following a jury verdict of no cause of action and an oral ruling barring the testimony at trial of her IME PIP doctor, Dr. Mark Berman. Plaintiff had been injured in a motor vehicle accident and sued the defendant who rear-ended […]

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Court Applies Mode of Operation Rule to Injury in Supermarket Caused by Water on Floor Due to Melted Snow from Shopping Cart

By on January 10, 2019 in Court Rulings with 0 Comments

Plaintiff Mindy Klarman was at Pathmark’s Lake Hopatcong supermarket on January 31, 2011 when she fell. She slipped on a puddle of water near the checkout, which came from snow off of the bottom of shopping carts, which had been brought into the store. In Klarman v. Pathmark Supermarket, 2018 N.J. Super. Unpub. LEXIS 2808 […]

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Apartment Complex Found not Liable to Plaintiff Who was Injured as a Result of Drive-By Shooting

By on January 4, 2019 in Liability with 0 Comments

Plaintiff Najee Paschall was in the vicinity of the Defendant Norfolk Square Apartments when he was shot as a result of a drive-by shooting. He was walking by the apartments when he saw a white van drive by, open its doors, and a person started shooting. Plaintiff was shot in the back. In Paschall v. […]

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When Can A Defendant Successfully File An Initial Motion To Dismiss Based Upon The Pleadings Versus A Motion For Summary Judgment?

By on December 28, 2018 in Litigation with 2 Comments

When a lawsuit is filed in New Jersey state court and the defendant believes that it has a strong defense against the claims asserted by the plaintiff, when is the best time to file a motion with the court asking for the lawsuit to be dismissed? Can the motion be filed immediately in lieu of […]

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Multiple Trials Error by Defense Counsel Merit Reversal of Jury Verdict

By on December 20, 2018 in Litigation with 0 Comments

The Appellate Division on December 6, 2018 issued a reported opinion addressing several key issues regarding trial tactics.  Given that this opinion was approved for publication, it must be assumed that it is the Appellate Division’s intention to emphasize the issues addressed therein so as to influence the conduct of future trials. The matter is […]

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Appellate Division Approves Suit By Comp Carrier Against Third Party Tortfeasor Even Where Injured Worker Had A Verbal Threshold Policy

By on December 10, 2018 in Court Rulings with 0 Comments

Automobile insurance carriers should expect an uptick in workers’ compensation carrier subrogation claims for medical expenses and temporary disability benefits, regardless of whether the injured worker was subject to the verbal threshold in his/her personal automobile policy based upon the recent published Appellate Division decision in New Jersey Transit Corporation v. Sandra Sanchez, A-0761-17T3 (App. […]

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