A Capehart Scatchard Blog

Tag: automobile accident

No Requirement to Provide Comparative Analysis of Injuries Suffered in Two Different Accidents When Plaintiff Did Not Plead Aggravation of Injuries

By on August 5, 2022 in Court Rulings with 0 Comments

Plaintiff Jeffrey Wichot sued Defendant for emotional injuries suffered from a car kidnapping that occurred in 2012. Plaintiff had previously suffered a horrific injury as a young boy in 2002 which resulted in a traumatic brain injury. One of the issues in Wichot v. Allstate N.J. Prop. & Cas. Ins. Co., 2021 N.J. Super. Unpub. […]

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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 […]

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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 […]

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Defendant Underage Adult May Be Held Liable To Third Party Injured Due To Defendant Facilitating The Use Of Alcohol To Underage Adult At His Residence

By on September 25, 2020 in Negligence with 0 Comments

Defendant Mark Zwierzynski (“Zwierzynski”), age 19, permitted his underage adult friends to consume alcoholic beverages in his home. Two of his guests, plaintiff’s decedent Brandon Tyler Narleski (age 19) and plaintiff Nicholas Gomes (age 20) left his home severely intoxicated. Shortly thereafter, Gomes lost control of his vehicle and crashed, causing Narleski’s death. In Estate […]

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Court Rules That Plaintiff Unable To Seek PIP Coverage For Unpaid Medical Expenses Under Policies Issued By Insurance Companies To Tortfeasor’s Resident Relatives

By on December 6, 2019 in Claims with 0 Comments

Plaintiff Raymond Nesby was injured in an automobile accident when his car was struck from behind by the vehicle driven by defendant Sheryl Fleurmond, whose vehicle was owned by defendant Chris Decaro and insured by Progressive Garden State Insurance Company.  Fleurmond did not own a vehicle nor have her own automobile insurance policy.  However, she […]

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Meeting the Verbal Threshold Requirement for an Automobile Accident Injury through Scarring or a Permanent Injury

By on November 8, 2019 in Negligence with 0 Comments

The Verbal Threshold is a threshold requirement set by the New Jersey Legislature for an individual to be compensated for bodily injuries suffered in an auto accident. The Verbal Threshold, or the Limitation on Lawsuit option, was created in an effort to reduce the cost of car insurance by limiting a person’s ability to sue […]

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Driver Of Automobile Found Not Liable For Auto Accident When No Ability to Avoid Collision

By on September 20, 2019 in Negligence with 0 Comments

Plaintiff Cirillo Gonzalez was a passenger in the motor vehicle being operated by defendant Hector Lopez, which was involved in a collision with defendant Everlynia Hudson.  The Hudson vehicle entered the roadway in front of the Lopez vehicle without stopping at a stop sign.  The issue in Gonzalez v. Lopez, 2019 N.J. Super. Unpub. LEXIS […]

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Tractor Trailer Truck Driver Found Not Liable For Auto Accident Caused By Tire Blowout of Minivan In Front Of Truck

By on September 6, 2019 in Liability with 0 Comments

The plaintiff Ronald Winnix and his wife defendant Sandra Winnix decided to take an impromptu family visit for the Fourth of July weekend, driving from North Carolina to Brooklyn, New York.  Sandra had a concern about the condition of their minivan’s rear tire before they left. On their return home, that tire suffered a blow […]

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Governor Murphy Signs Two Bills into Law Overturning Haines v. Taft, Permitting Injured Automobile Accident Plaintiffs to Recover Unreimbursed Medical Expenses

By on August 23, 2019 in Damages, Legislation with 0 Comments

On August 15, 2019, New Jersey Governor Murphy signed two bills into law, which overruled the New Jersey Supreme Court opinion in the case of Haines v. Taft.  In the Haines case, the Court had held that plaintiffs could not seek to recover unreimbursed medical expenses as part of their damages incurred in an automobile […]

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Legislative Update on Haines v. Taft

By on May 30, 2019 in Claims with 0 Comments

I had previously reported on the Supreme Court case of Haines v. Taft, 237 N.J. 271 (2019) which made inadmissible uncompensated medical expenses incurred as a result of an automobile accident that exceeded the plaintiffs’ $15,000 PIP coverage. After I submitted this article, I discussed with plaintiffs’ counsel whether that decision was specifically limited to […]

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