A Capehart Scatchard Blog

Trial Court Committed Error In Permitting Plaintiff’s Alcohol Consumption Admitted Into Evidence In A Fall Down Case

By on December 18, 2020 in Negligence with 0 Comments

Plaintiff Elizabeth Harrington was having dinner at the defendant Fire & Oak restaurant in an elevated booth.  She had consumed two glasses of wine.  When she stepped down to exit the booth, she fell and fractured her hip.  The issue in Harrington v. South City Prime Montvale, LLC, 2020 N.J. Super. Unpub. LEXIS 2417 (App. […]

Share

Continue Reading »

Plaintiff’s Claim for UIM Coverage Denied Based upon Regular Use Exclusion in Insurance Policy

By on December 11, 2020 in Coverage with 0 Comments

Plaintiff Edward Siemietkoski sought underinsured motorist (UIM) benefits from Geico Insurance Company (Geico) due to injuries suffered in an automobile accident with defendant Charlie Velasquez-Flores. Geico denied Plaintiff’s claim based on the “regular use” exclusion contained in his insurance policy. This exclusion restricts coverage “where an insured has sustained bodily injury while occupying a vehicle […]

Share

Continue Reading »

Hotel Found to Have No Liability for Painting Contractor Injured Due to Fall Off Ladder

By on December 4, 2020 in Negligence with 0 Comments

Plaintiff Andres Prieto (as part of a team of contractors) was hired by the Defendant EH Associates, LLC d/b/a Fairbridge Inn & Suites to place sheetrock over skylights in the hotel’s ballroom and paint the ballroom’s walls. In the course of performing these services, he fell off his ladder and suffered injuries. The issue in […]

Share

Continue Reading »

Jury Trials Again Suspended in New Jersey

By on November 20, 2020 in Other with 0 Comments

Not surprisingly, due to the COVID-19 surge of cases, the New Jersey Supreme Court has once again suspended jury trials. They had resumed earlier in the fall on a limited basis as a hybrid with virtual jury selection and socially distanced trials. However, with this second wave of new COVID-19 cases, the Court deemed it […]

Share

Continue Reading »

Lost Profits Claim Barred Under New Business Rule

By on November 13, 2020 in Claims with 0 Comments

In the legal malpractice case, Schwartz v. Menas, 2020 N.J. Super. Unpub. LEXIS 2104 (App. Div. Nov. 6, 2020), the Appellate Division was faced with an appeal over whether the trial court properly barred plaintiffs’ expert reports supporting claims for lost profits as too speculative under the “new business rule.” Plaintiff Larry Schwartz and his […]

Share

Continue Reading »

No Coverage for Personal Injury Under Loading and Unloading Coverage in Auto Policy When Accident had no Substantial Nexus with Use of Truck

By on November 6, 2020 in Coverage with 0 Comments

Craig Crumley, an employee of Thomas Lindstrom Steel ­& Company (“Lindstrom”), a subcontractor of Plaintiff D’Andrea Construction Company (“D’Angelo”), was injured on a job site while assisting in the retrieval of two old welding machines in helping other employees in the loading and unloading of the new welders. The issue in D’Andrea Construction Co. v. […]

Share

Continue Reading »

Residential Owner of Three Family Apartment Building Found Not to be Liable for Fall on Adjoining Public Sidewalk

By on October 30, 2020 in Liability with 0 Comments

Plaintiff Gerard Rienzi, while an inspector for Union City, fell on the public sidewalk in front of the three family apartment building owned by defendant Vincent Giacoman. Plaintiff claimed to have suffered injuries when he fell in a hole in the sidewalk adjacent to Giacoman’s building. The issue in Rienzi v. Giacoman, 2020 N.J. Super. […]

Share

Continue Reading »

Plaintiff’s Expert Report Barred Due to Failure to Distinguish Permanent Injury Suffered in Two Consecutive Car Accidents

By on October 23, 2020 in Discovery with 0 Comments

Plaintiff Abigail Perdomo appealed the trial court’s decision barring the expert report of her treating physician, Dr. Wayne Petermann, a chiropractor, as a net opinion.  Plaintiff had been in two different motor vehicle accidents in December, 2010 and, three years later, in November, 2013.  The issue in Perdomo v. Orgacki, 2018 N.J. Super. Unpub. LEXIS […]

Share

Continue Reading »

New York Resident Injured As A Pedestrian In A New Jersey Accident Limited To PIP Benefits Under His New York Policy

By on October 16, 2020 in Coverage with 0 Comments

On January 30, 2019, plaintiff, Don Washington, drove his car from his home state of New York to North Bergen, New Jersey.  After shopping and leaving a store, he walked in a crosswalk towards his parked car when he was struck by a vehicle and injured.  The issue in Washington v. Progressive Insurance Company, 2020 […]

Share

Continue Reading »

Appellate Division Rejects Ongoing Storm Rule in Second Decision

By on October 9, 2020 in Negligence with 0 Comments

Plaintiff Josselyn Berniz (“Berniz”) worked as a housekeeper for defendants Jeffrey and Aisha Atkins. After cleaning their home, while leaving, she fell on their snow covered driveway.  It was still snowing when she left the defendants’ home. The issue in Berniz v. Atkins, 2020 N.J. Super. Unpub. LEXIS 1900 (App. Div. Oct. 8, 2020) was […]

Share

Continue Reading »

Top