A Capehart Scatchard Blog

Tag: Appellate Division

Commercial Property Landlord Not Responsible for Injury of Tenant’s Invitee

By on March 9, 2018 in Liability with 0 Comments

Plaintiff Ben Jimenez was employed as a truck driver by Atlantic Freight Systems, Inc. (“AFS”) when he slipped and fell in the company yard during the course of his employment. The Defendants Stephen Powell and Concetta Powell (“Powells”) owned the commercial property where the accident occurred and leased the entire premises to their corporate entity […]

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Frivolous Fee Award Against Pro Se Plaintiffs Limited by New Jersey Appellate Division

By on September 23, 2016 in Awards with 0 Comments

Under New Jersey law, fees may be obtained against attorneys for the filing of a frivolous lawsuit based upon a court rule, Rule 1:4-8. Attorneys fees for the filing of a frivolous pleading may be obtained against a party based upon a statute, N.J.S.A. 2A:15-59.1. The published decision of Tagayun v. AmeriChoice of New Jersey, […]

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Supermarket in Multi-tenant Shopping Center Found Not Liable to Shopper Who Falls on Ice in the Parking Lot

By on September 16, 2016 in Liability with 0 Comments

Plaintiff, Grazio Spano, went shopping in the Acme store in the shopping center located on the Black Horse Pike, Mays Landing, N.J. Acme was the anchor store in this multi-tenant shopping center. After finishing her shopping, the plaintiff went back to her car and slipped on black ice in the parking lot. In Spano v. […]

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Provision in Employment Contract Limiting Employee’s Ability to Sue Third Party Found Unenforceable by NJ Court

By on August 25, 2016 in Coverage with 0 Comments

Plaintiff Philip Vitale was injured while working as a security guard for Allied Barton Security Services, LLC (“Allied Barton”), which contracted with defendant Schering-Plough Corporation to provide security services to its facilities. Plaintiff had signed a disclaimer, waiving his right to sue any of Allied Barton’s customers to which he may be assigned. In the […]

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Forum Selection Clause Requiring Litigation in Russia Upheld

Agreements often contain forum selection clauses whereby parties can agree on a forum where any disputes would be litigated. Absent certain exceptions, New Jersey courts will uphold a forum selection clause as valid and enforceable. In Ogorodnikov v. Dikker, 2016 N.J. Super. Unpub. LEXIS 1388 (App. Div. June 17, 2016), the Appellate Division upheld a […]

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Expert Needed to Prove Liability for Slip and Fall

By on April 16, 2014 in Blog with 0 Comments
Expert Needed to Prove Liability for Slip and Fall

In Turkowski v. Management Resources Systems, Inc., 2014 N.J. Super. Unpub. LEXIS 705  (App.Div. 2014), the plaintiff sued Rack Room Shoes, Inc. for personal injuries resulting from a fall at Rack Room, a retail shoe store. The trial court found that the plaintiff was unable to establish the defendant’s negligence without a liability expert and […]

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