A Capehart Scatchard Blog

Tag: damages

Expert Testimony Not Needed to Substantiate Pecuniary Value of Loss of Child’s Advice, Guidance, and Companionship in Wrongful Death Action

By on March 15, 2019 in Wrongful Death with 0 Comments

This case arises from a tragic highway collision in which the defendant Stephen Rando’s SUV fatally struck the plaintiff’s son, Patrick Dutton, as he was riding his bicycle. The jury found that the defendant was 60% responsible for the accident while the plaintiff’s son Patrick was 40% responsible. The jury awarded the plaintiff, Patrick’s mother, […]

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Wear and Tear Homeowner’s Policy Exclusion Upheld by Court to Bar Property Damage Claim to Pool

By on November 10, 2017 in Court Rulings with 0 Comments

Plaintiffs Richard and Vicki Klein filed a claim with Defendant Franklin Mutual Insurance Co. (“FMI”) due to damage to their in-ground pool. Plaintiffs claimed that the damage was caused by a rotted tree branch from a neighbor’s property which fell into their pool. The defendant disputed the cause of the damage, contending that it was […]

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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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