A Capehart Scatchard Blog

Tag: negligence

Mode of Operation Rule Does Not Apply to Fall From Liquid on Floor Allegedly Resulting From a Water Bottle Spill

By on September 9, 2022 in Negligence with 0 Comments

The plaintiff Bridgett Knight alleged that she slipped and fell near the exit door of the defendant Family Dollar Stores as a result of liquid that she claimed emanated from a bottled beverage located in a self-service refrigerator near the cash register.  The plaintiff contended that the mode of operation doctrine should apply to this […]

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Plaintiffs Relying on the Doctrine of Res Ipsa Loquitur Must Establish That Their Own Conduct Was Not the Cause of Their Injuries

By on August 11, 2022 in Negligence with 0 Comments

By: Patrick J. Graham, Esq. Editor: Betsy G. Ramos, Esq. Plaintiff, Gladys Bednarko, sued Defendant, Ben’s Bagel Barn after she was hit on the back of her right foot by Defendant’s front door that she alleged closed “too fast” behind her. Specifically, Plaintiff alleged that upon leaving Defendant’s store front, she pushed open the front […]

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Court Refuses to Apply Mode of Operation Doctrine to Landlord/Tenant Slip and Fall Case

By on July 29, 2022 in Negligence with 0 Comments

Plaintiff Atef Kamel slipped and fell down steps in his apartment building’s stairwell while he was taking out his recycling.  He claimed that his slip and fall was caused by a combination of an unknown, oily liquid on the floor and a broken light in the stairwell.  The issue in Kamel v. Panyork Group, 2022 […]

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Minority Statute of Limitations Tolling Held to Be Inapplicable to Suits Brought on Behalf of Minor Decedents or Their Estates

By on July 21, 2022 in Statute of Limitations with 0 Comments

By: Angela Reading, Law Clerk Editor: Betsy G. Ramos, Esq. On July 14, 2022, the New Jersey Appellate Division in Monk v. Kennedy Univ. Hosp., Inc., 2022 N.J. Super. LEXIS 101 (App. Div. July 14, 2022), issued a published decision, holding that the minority tolling provision in N.J.S.A. 2A:14-2(a), which allows minors to file medical […]

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Residential Landowners Found Not Liable For Plaintiff’s Injuries Due To Trip And Fall On Raised Sidewalk In Driveway Area

By on June 3, 2022 in Sidewalks with 0 Comments

In August, 2018, while walking on the sidewalk in front of defendants’ home, plaintiff Diane Conway tripped in the area of a raised concrete sidewalk slab.  Plaintiff claimed that she tripped over a “filled in” concrete or cement between two uneven concrete slabs.  The issue in Conway v. Serra, 2022 N.J. Super. Unpub. LEXIS 856(App. […]

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Court Finds That Plaintiff’s Notice Of Claim Substantially Complied With The Notice Requirements Of The Tort Claims Act

By on May 27, 2022 in Court Rulings with 2 Comments

Plaintiff, a Rutgers Police Department Officer, was injured on July 12, 2018 when attacked by an individual attempting to be restrained by City of Newark Police officers.  Plaintiff alleges to have suffered serious injuries and was determined to be permanently disabled and unable to perform her duties as a Rutgers Police Officer.  In Peart v. […]

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Recent Unpublished Appellate Division Opinion Regarding Sidewalk Liability

By on May 13, 2022 in Sidewalks with 0 Comments

In an unpublished March 29, 2022 opinion in Blake v. Glavan, 2022 N.J. Super. Unpub. LEXIS 499, the Appellate Division further addressed the issue of sidewalk liability. The Court addressed the issue of the liability of both a homeowner and a municipality for an injury caused by a fall over an uneven public sidewalk. The […]

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Concert Provider Found Not Liable For Patron’s Injury Caused By Slipping On Muddy Ground At Concert

By on April 22, 2022 in Liability with 1 Comment

Plaintiff Danielle Donahue attended a Live Nation Concert at the PNC Banks Art Center (“PNC Center”), a public entertainment venue in Monmouth County. PNC Center is a partially covered, open-air amphitheater, which included lawn seating. In Donahue v. NJTPA and Live Nation Worldwide, Inc., 2022 N.J. Super. Unpub. LEXIS 559 (App. Div. Apr. 7, 2022), […]

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Kean University Found To Be Immune From Liability Under The Charitable Immunity Act For Plaintiff’s Fall At Soccer Game At Kean University Stadium

By on April 8, 2022 in Negligence with 0 Comments

Plaintiff Kathleen Fisher attended a high school soccer championship game which was held at the Kean University stadium.  The game was sponsored by the New Jersey State Interscholastic Athletic Association (NJSIAA).  While leaving the stadium after the game finished, plaintiff tripped and fell on a raised sidewalk and suffered an injury.  Plaintiff sued Kean University […]

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Court Finds That NJM Had No Duty To Pay For Defense Of Guest Who Committed Assault Until Incident Is Determined To Be Negligent Or Intentional

By on April 1, 2022 in Coverage with 0 Comments

This matter arises from the physical assault of a guest, plaintiff Colin Yurcisin, who attended a party hosted by defendant Justin Magariello.  While at the party, plaintiff alleges that a fellow guest, Ryan Fleming, who was intoxicated, punched him in the face multiple times causing serious injury. Plaintiff Yurcisin sued Fleming for his injuries. In […]

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