A Capehart Scatchard Blog

Tag: automobile accident

Judge Rules That Plaintiff Injured While Crossing a Roadway Was Not Entitled to Jury Charge As to an Unmarked Crosswalk

By on June 27, 2025 in Jury Charge, NJ Litigation with 0 Comments
Judge Rules That Plaintiff Injured While Crossing a Roadway Was Not Entitled to Jury Charge As to an Unmarked Crosswalk

Plaintiff Aiyonna Daniels was struck and injured by defendant Chaunsa Bussey’s motor vehicle while she was attempting to cross a T-intersection of a two-lane road with a four-lane road.  She characterized this area as qualifying as an “unmarked crosswalk.”  The issue in Daniels v. Bussey, 2025 N.J. Super. Unpub. LEXIS 1159 (App. Div. June 26, […]

Share

Continue Reading »

Court Denies Defendant Motorist Request for Mockler Jury Charge

By on May 2, 2025 in NJ Litigation, Trial with 0 Comments
Court Denies Defendant Motorist Request for Mockler Jury Charge

Plaintiff Melissa Presbery was stopped at a red light when she was rear ended by defendant Jason Willitts.  Willitts was unable to stop due to a wet roadway.  The issue in Presbery v. Willitts, 2025 N.J. Super. Unpub. LEXIS 406 (App. Div. Mar. 17, 2025) was whether the trial court correctly denied the defendant’s request […]

Share

Continue Reading »

Plaintiff’s Bodily Injury Claim Dismissed Due to Her Failure to Provide a Comparative Analysis With Her Pre-Existing Condition

By on March 21, 2025 in Insurance, NJ Litigation with 0 Comments
Plaintiff’s Bodily Injury Claim Dismissed Due to Her Failure to Provide a Comparative Analysis With Her Pre-Existing Condition

Plaintiff Debbie Williams-Siraj claims to have been injured in an automobile accident on September 28, 2017, when the vehicle driven by defendant Lynne Schwartz collided with her.  Although plaintiff claimed to have suffered significant injuries to her lower back including spinal disc herniations and fractures, she had been previously diagnosed with chronic and progressive lumbar […]

Share

Continue Reading »

Plaintiff Barred From Pursuing Appeal After Executing Warrant to Satisfy Judgment

By on February 7, 2025 in Court Rulings, NJ Litigation with 0 Comments
Plaintiff Barred From Pursuing Appeal After Executing Warrant to Satisfy Judgment

Plaintiff Linda Brehme filed a lawsuit against defendant Thomas Irwin for a rear end accident in which she claimed to have suffered bodily injuries.  At trial, plaintiff filed a motion to admit into evidence her projected future medical expenses.  This motion was denied by the trial court judge because she had not exhausted her personal […]

Share

Continue Reading »

Court Dismisses Lawsuit Filed by Driver Turning Left From Middle Lane

By on December 13, 2024 in Duty of Care, NJ Litigation with 0 Comments
Court Dismisses Lawsuit Filed by Driver Turning Left From Middle Lane

Plaintiff Mildred Green filed a lawsuit against defendants Ricardo Arboleda Guapacha and Alba Vidal due to an automobile accident.  Green and Arboleda Guapacha were both stopped at a red light before the accident occurred.  Green was in the middle lane and Arboleda Guapacha was in the left lane. The issue in Green v. Arboleda Guapacha, […]

Share

Continue Reading »

Appellate Division Reverses Summary Judgment Order Granted Due to Plaintiff’s Medical Experts Failure to Apportion Her Injuries Among Two Accidents and Her Preexisting Condition

By on November 8, 2024 in Evidence, NJ Litigation with 0 Comments
Appellate Division Reverses Summary Judgment Order Granted Due to Plaintiff’s Medical Experts Failure to Apportion Her Injuries Among Two Accidents and Her Preexisting Condition

Plaintiff Hellen Bayer was in an automobile accident with defendant Michael Roman on November 22, 2017.  The parties contested the severity of the accident, but plaintiff alleged to have suffered injuries to her neck and back.  The issue in Bayer v. Roman, 2024 N.J. Super. Unpub. LEXIS 2605 (App. Div. Oct. 25, 2024) was whether […]

Share

Continue Reading »

Plaintiff’s Personal Injury Lawsuit From Auto Accident Barred Due to Her Failure to Provide a Timely Certification of Permanency

By on November 1, 2024 in NJ Litigation, Permanency with 0 Comments
Plaintiff’s Personal Injury Lawsuit From Auto Accident Barred Due to Her Failure to Provide a Timely Certification of Permanency

Plaintiff Renee Ransdell was involved in an automobile accident with defendant Shari Waldron in January 2018.  At the time of this accident, plaintiff had an automobile insurance policy which subjected her to the limitation on lawsuit threshold, requiring her to prove a permanent injury to recover damages for her noneconomic loss (i.e., her pain and […]

Share

Continue Reading »

State Found Immune From Liability for Auto Accident Based Upon Tort Claims Act Immunities

By on September 27, 2024 in Liability, NJ Litigation with 0 Comments
State Found Immune From Liability for Auto Accident Based Upon Tort Claims Act Immunities

Plaintiff Ralph Jameson was injured in an automobile accident while he was driving around a traffic circle (Cranbury Circle) in Cranbury Township.  His vehicle collided with a truck driven by defendant Richard Kyle.  The issue in Jameson v. DRD Int’l, Inc., 2024 N.J. Super. Unpub. LEXIS 1481 (App. Div. July 8, 2024) was whether the […]

Share

Continue Reading »

Plaintiff’s Bodily Injury Claim Dismissed Due to Failure to Show How a Subsequent Accident Aggravated Pre-existing Injuries From Prior Accident

By on August 23, 2024 in Evidence, NJ Litigation with 0 Comments
Plaintiff’s Bodily Injury Claim Dismissed Due to Failure to Show How a Subsequent Accident Aggravated Pre-existing Injuries From Prior Accident

Plaintiff Tony Polite was involved in two automobile accidents within thirty days.  The first accident occurred on May 15, 2019, and the second one occurred on June 16, 2019.  Plaintiff claimed to have injured his neck, back, left shoulder, and right knee in the first accident and alleged that those injuries became significantly worse following […]

Share

Continue Reading »

Police Officer Found to Be Immune From Liability for an Accident Caused by High Speed Chase

By on May 31, 2024 in Liability, NJ Litigation with 0 Comments
Police Officer Found to Be Immune From Liability for an Accident Caused by High Speed Chase

Plaintiffs Omer Jackson and Sharonda Jackson sued defendants County of Hudson, Hudson County Sheriff’s Office, and Officer Renato Maure-Cascaret for injuries suffered by Omer when his car was hit by a car that was being pursued in a high speed chase by Officer Maure-Cascaret.  The defendants successfully filed for a motion for summary judgment, obtaining […]

Share

Continue Reading »

Top