A Capehart Scatchard Blog

Tag: Negligence

Owner Of Vacant Two-Family Home Found Not To Be Liable For Injury On Abutting Defective Sidewalk

By on January 17, 2020 in Liability with 0 Comments

The plaintiff, Nivia Cardenas, fell and injured herself on a defective sidewalk in front of a vacant home owned by defendants Mark and Anthony T. Severino.  The trial court judge determined that, because the property was not being used for commercial purposes at the time of the accident, the defendants had no duty to maintain […]

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Store Found Not Liable For Slip And Fall Due To Melting Snow From Cart In Aisle

By on January 3, 2020 in Liability with 0 Comments

Plaintiff Johanna Cortes fell while she and her husband were shopping at BJ’s Wholesale Club.  She allegedly slipped and fell in a puddle of water about two feet wide, created by melting snow from a cart left in the aisle.  In the federal court case of Cortes v. BJ’s Wholesale Club, 2019 U.S. Dist. LEXIS […]

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Landlord Found Not Liable for Tenant’s Injury on Stairs Due to Known Crack in Stair Tread

By on December 13, 2019 in Liability with 0 Comments

Plaintiff Mary Giraldi leased a single family home from defendants Michael and Susan Cervini. After living there for four years, she caught her foot in a gap between the porch stair treads and fell. In Giraldi v. Cervini, 2019 N.J. Super. Unpub. LEXIS 2183 (App. Div. Oct. 24, 2019), the issue was whether the defendant […]

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Movie Theater Found not Liable for Fall Due to Plaintiff’s Failure to Prove it had Notice of Debris Allegedly Causing the Fall

By on September 27, 2019 in Liability with 0 Comments

Plaintiff, Willy Frankel, and his wife were at the defendant Edgewater Multiplex Cinemas, watching a movie, when he slipped and fell after getting up from his seat when the movie ended.  The issue in Frankel v. Edgewater Multiplex Cinemas, 2019 N.J. Super Unpub. LEXIS 510 (App. Div. March 7, 2019) was whether the plaintiff was […]

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Homeowner Found Not Liable for Injuries Suffered from Fall on Sidewalk

By on June 14, 2019 in Liability with 0 Comments

The plaintiff Terry Peifer was walking her dog when she tripped and fell on the sidewalk bordering the front yard of the home owned by defendant Clarence Mesday.  Plaintiff claims to have fallen on a raised sidewalk.  The issue in Peifer v. Mesday, 2019 N.J. Super. Unpub. LEXIS 990 (App. Div. May 1, 2019) was […]

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Apartment Complex Found not Liable to Plaintiff Who was Injured as a Result of Drive-By Shooting

By on January 4, 2019 in Liability with 0 Comments

Plaintiff Najee Paschall was in the vicinity of the Defendant Norfolk Square Apartments when he was shot as a result of a drive-by shooting. He was walking by the apartments when he saw a white van drive by, open its doors, and a person started shooting. Plaintiff was shot in the back. In Paschall v. […]

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Hotel Found Not Liable for Assault by Third Party Against Guests

By on April 7, 2017 in Liability with 0 Comments

Plaintiffs Ikeem Higgins, Richard Hoyte, and Cordero Russell were attending “Caribbean Night” at the Holiday Inn in Edison on July 11, 2010. At about 3 AM, they were standing outside the hotel, when an unidentified masked gunman approached them and shot them in the legs. In Higgins v. Holiday Inn & Conf. Ctr., 2017 N.J. […]

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Mere Sponsorship of an Event Held to be Insufficient to Impose Liability for Personal Injury

By on December 9, 2016 in Liability with 0 Comments

Plaintiff Rosa Sands was injured when she fell down an approximate 2 foot embankment after leaving a dinner party on a beach in Mexico. The dinner party was part of a promotional event known as “Raise the Bar” offered by certain defendants, including Reebok International and Adidas American, Inc. (the “Reebok defendants.”) In Sands v. […]

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When is a Condition an “Open and Obvious Defect”?

By on December 2, 2016 in Duty of Care, Liability with 0 Comments

A business owner owes to its invitees a duty of reasonable care to provide a safe premises. This duty includes an affirmative duty to inspect the premises and requires the business owner to discover and eliminate dangerous conditions and to maintain the premises in a safe condition. But, what if the condition is an “open […]

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Bowling Alley Found Not Liable for Injury Caused Due to Fall from Wet Substance on Floor

By on June 19, 2015 in Blog with 1 Comment

The plaintiff Veronica Gilmore was bowling with her friends on New Year’s Eve 2009 when she fractured her wrist as a result of a slip and fall after she released her ball and stepped back. She did not notice anything on the floor before she approached the lane, but noticed her clothes were “slimy damp” […]

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