A Capehart Scatchard Blog

Failure to Provide Notice of Claim Form to Plaintiff’s Counsel Insufficient to Justify Filing a Late Notice of Tort Claim

By on January 31, 2023 in Court Rulings, NJ Litigation with 0 Comments

On June 4, 2021, plaintiff Joshua Jackson slipped on an unidentified liquid on the stairs between the first and second floors of a building owned by Defendant City of Passaic Housing Authority.  Plaintiff alleges that he attempted to obtain a notice of claim form from the Authority but was unsuccessful. Less than one week before […]

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Using Mediation or Arbitration to Resolve Disputes: the Pros and Cons

By on January 27, 2023 in Arbitration, NJ Litigation with 0 Comments

Alternate Dispute Resolution, known as ADR, has become a frequently used tool to resolve disputes. Mediations or arbitrations are both ADR tools that now are commonly used to settle lawsuits. There are pros and cons for each type of proceeding. What is the difference between the two? Mediations use a mediator, often a retired judge […]

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Plaintiff Making Left Hand Turn Denied UIM Benefits for Injuries Incurred From Accident

By on January 20, 2023 in Evidence, NJ Litigation with 0 Comments

Plaintiff Calise Belin was injured in a two vehicle accident after stopping at a stop sign on Lafayette Road in Voorhees, preparing to turn left on Haddonfield-Berlin Road. Plaintiff looked both ways and not seeing anyone coming, turned left. She collided with a vehicle being driven by Debra Lawless-Gattone who was travelling northbound on Haddonfield-Berlin […]

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Subjective Complaints of Pain and Suffering from Automobile Accident Insufficient To Meet Permanent Injury Requirement of Verbal Threshold

By on January 13, 2023 in Evidence, NJ Litigation with 0 Comments

Plaintiff Glenn Hughes allegedly suffered injuries as a result of an October 17, 2017 automobile accident with defendant Jason Worthington.  On that date, defendant Worthington rear ended the plaintiff.  At trial, the defendant stipulated as to liability with the only issue to be decided at trial was whether plaintiff’s injuries were permanent and causally related […]

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Owner of Vacant Lot Adjoining Public Sidewalk Held Not Liable for Injury Caused by Fall on Sidewalk

By on January 6, 2023 in Negligence, NJ Litigation, Sidewalks with 0 Comments

Plaintiff Alejandra Padilla slipped and fell on the sidewalk adjoining a vacant lot in Camden, which was owned by the defendants Myo Soon and Young Il an.  She claimed to have suffered permanent injuries as a result of her fall.  The issue in Padilla v. Young Il an, 2023 N.J. Super. Unpub. LEXIS 14 (App. […]

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Municipality Found Not Liable for Injury Caused by Trip Over Raised Boardwalk Board

By on December 29, 2022 in Negligence, NJ Litigation with 0 Comments

Plaintiff Ercilia Rojas, while walking on the boardwalk in Atlantic City, tripped and fell over a raised board. As a result of her fall, she suffered a rotator cuff tear in her shoulder. She sued Atlantic City, among other defendants, alleging negligence for a dangerous condition on public property. The issue in Rojas v. AC […]

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Former Property Manager of Apartment Complex Found Not Liable to Plaintiff Who Was Shot by Estranged Husband While at Complex

By on December 16, 2022 in Negligence, NJ Litigation with 0 Comments

Plaintiff Fritzy Rivera was leaving her friend’s apartment at the Cherry Hill Towers apartment complex when she was shot by her estranged husband. He had accessed the apartment complex through an open security gate. The issue in Rivera v. Cherry Hill Towers, LLC, 2022 N.J. Super. LEXIS 142 (App. Div. Dec. 12, 2022) was whether […]

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Appellate Division Reverses Denial of Summary Judgment to Social Hosts for Plaintiffs’ Son Drowning in Their Pool

By on December 9, 2022 in Negligence, NJ Litigation with 0 Comments

By: Erika Vasant, Law ClerkEditor: Betsy G. Ramos, Esq. In August 2017, intoxicated, twenty-six year old Raniel Hernandez attended a party, where he subsequently drowned after jumping into a pool. Earlier this week, the New Jersey Appellate Division, addressed the tort claims arising from the tragic accident. Plaintiffs Silvana Lansigan Delvalle and Ralph Hernandez, parents […]

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Federal Judge Finds Mode of Operation Rule Does Not Apply to Accident Involving Motorized Cart in Store

By on December 2, 2022 in Negligence, NJ Litigation with 0 Comments

Plaintiff Talia Pena claimed that, while shopping in a store, she was struck by an unidentified customer operating a motorized shopping cart. While bending over to smell body sprays on a lower shelf near the self-checkout lanes, an unidentified female customer drove a motorized cart into her. The woman did not see Plaintiff because her […]

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Bid for Public Contract Deemed Compliant When Post Office Box Address of Owners of Bidder Given As Opposed to Home Address

By on November 18, 2022 in NJ Litigation, Other with 0 Comments

In a published decision of the Appellate Division in Asphalt Paving Sys. v. Borough of Stone Harbor, 2022 N.J. Super. LEXIS 136 (App. Div. Nov. 14, 2022), the Court was asked to decide whether a bidder to a public contract, to be issued by Borough of Stone Harbor, submitted a statutorily compliant bid by listing […]

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