A Capehart Scatchard Blog

Tag: emotional distress

Plaintiff Unable to Recover for Negligent Infliction of Emotional Distress Suffered in Finding Body of Murdered Friend in Their Hotel Room

By on February 2, 2024 in Negligence with 0 Comments
Plaintiff Unable to Recover for Negligent Infliction of Emotional Distress Suffered in Finding Body of Murdered Friend in Their Hotel Room

This case involved an emotional distress claim filed by plaintiff Richard Sperazza in waking up to find the body of his murdered friend and co-worker in the hotel room they were sharing during a work assignment.  Plaintiff and his deceased friend and co-worker were sharing a hotel room during an out of town work assignment.  […]

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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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Plaintiff Found to Have Met Portee Observation Standard for Emotional Distress in Son’s Injury

By on June 18, 2014 in Blog, NJ Litigation with 0 Comments
Plaintiff Found to Have Met Portee Observation Standard for Emotional Distress in Son’s Injury

Plaintiff and his stepson, Louis Acerra, were at home and asleep when they were awakened by the sound of a smoke detector alerting them to a fire downstairs. They sought refuge in plaintiff’s bedroom, but then Acerra ran into the hallway filled with smoke and flames. Plaintiff thought Acerra had escaped and proceeded out a […]

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