A Capehart Scatchard Blog

Appellate Division Finds That Umbrella Insurance Policy Was Unambiguous In Its Exclusion Of Underinsured Motorist Coverage

By on July 16, 2021 in Coverage with 0 Comments

In 2014, Plaintiff Yvonne Zabala-Lugo was a passenger in a car driven by Jasmine Lugo when the vehicle struck a phantom car that swerved into her lane to avoid hitting a pedestrian.  After that impact, the Zabala-Lugo vehicle was struck from behind by another car driven by Betsey Tavares.  Plaintiff discovered that the Tavares’ insurance […]

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Employer’s Statements That Employee Driver Failed To Follow Safety Protocols Found To Be Admissible Evidence In Motor Vehicle Accident Case

By on July 9, 2021 in Evidence with 0 Comments

Plaintiff Ahmed Hassan was injured in a motor vehicle accident in which he was rear-ended by defendant Roland Williams who was driving a tractor-trailer for defendant ABF Freight System.  The case was tried before a jury and the jury found both drivers negligent but the Plaintiff slightly more so, which resulted in a no-cause judgment […]

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Plaintiff Able to Obtain Full Recovery of Verdict Against Defendant Tortfeasor Found to be 60% Negligent in Auto Case

By on July 2, 2021 in Claims with 0 Comments

The issue in the published Appellate Division decision in Carbajal v. Patel, 2021 N.J. LEXIS 73 (App. Div. June 2, 2021), was whether a plaintiff can obtain a full recovery of a jury verdict against a defendant found to be 60% negligent, when that defendant is unable to obtain contribution from the co-defendant found to […]

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New Jersey Appellate Division Reverses Trial Court’s Dismissal with Prejudice of Lawsuit Due to Failure to Answer Interrogatories

By on June 25, 2021 in Court Rulings with 0 Comments

Plaintiff Alexa Rivera, on her on behalf and on behalf of her minor children, filed a lawsuit due to injuries they suffered in an automobile accident in 2018 when her disabled vehicle was struck by a Mack truck owned by defendant Campbell’s Auto Express (“Campbell’s”). She filed a lawsuit, suing the driver, Donald Ayusa and […]

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New Jersey Supreme Court Adopts “Ongoing Storm” Rule with Limited Exceptions

By on June 18, 2021 in Negligence with 0 Comments

In a June 10, 2021 opinion written in Pareja v. Princeton International Properties, Inc., 2021 N.J. LEXIS 549 (2021), the New Jersey Supreme Court adopted the “Ongoing Storm” Rule, which should be very useful to the defense bar in pursuing Summary Judgment as to claims arising out of slip and fall events that take place […]

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Appellate Division Issues Ruling Explaining Distinction Between Motions for Reconsideration of an Interlocutory Order Versus a Final Order

By on June 11, 2021 in Court Rulings with 0 Comments

In the published Appellate Division decision of Lawson v. Dewar, 2021 N.J. Super. LEXIS 69 (App. Div. May 27, 2021), the Court addressed the “commonly misunderstood distinctions” between motions seeking reconsideration of final orders and motions seeking reconsideration of interlocutory orders.  This case concerns a complaint by the plaintiff Alfred Lawson against the Borough of […]

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New Jersey Rescue Doctrine Does Not Apply To Rescue Of Pet Owned By Defendants

By on June 4, 2021 in Negligence with 0 Comments

Plaintiff Ann Samolyk almost drowned when she tried to rescue a dog owned by defendants Ilona and Robert Destefinis that had wandered into a canal between their respective homes in Forked River, New Jersey.  After trying to rescue the dog, Ann was found unconscious on a “floating dock” and suffered “debilitating brain damage.” In the […]

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New Jersey Appellate Division Upholds Dismissal Of Civil Complaint, Dismissed Four Years Earlier Due To Lack Of Prosecution

By on May 28, 2021 in Court Rulings with 0 Comments

Plaintiff Maria Santiago was involved in a car crash in Paterson, New Jersey on June 27, 2013 with a car driven by Defendant Castillo-Almonte and owned by Defendant Cepeda.  She timely filed a personal injury lawsuit, suing both the driver and the owner of the vehicle involved in the collision, and was able to serve […]

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Mode of Operation Doctrine Does Not Apply to Fall on a Grape Sold in Clamshell Case

By on May 21, 2021 in Liability with 0 Comments

Plaintiff Aleice Jeter slipped and fell on a grape in the aisle of the defendant Sam’s Club East, LP, Linden store and filed a lawsuit to recover damages for her neck and back injuries.  She relied upon the mode of operation doctrine, which she contended excused her from establishing that the defendant had actual or […]

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Resumption of In-Person New Jersey Trials

By on May 14, 2021 in Other with 0 Comments

On May 11, 2021, the New Jersey Supreme Court issued an Order authorizing the resumption of in-person criminal jury trials and some in-person civil jury trials, effective on or after June 15, 2021.  Criminal jury trials will be conducted in person and be given the highest priority.  Most civil jury trials will continue to be […]

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