A Capehart Scatchard Blog

Tag: Negligence

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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Skidding of Automobile Does Not Give Rise to Inference of Negligence

By on April 30, 2014 in Blog with 0 Comments
Skidding of Automobile Does Not Give Rise to Inference of Negligence

Irena Pronina (“Pronina”), while operating a Hummer at 4:30 in the morning, drove down a hill, spun out on ice, and ended up on the grassy median on Route 78 in Somerset County. George Howell (“Howell”) was injured after trying to help her and signal motorists coming down the hill as to the ice. Whether […]

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Expert Needed to Prove Liability for Slip and Fall

By on April 16, 2014 in Blog with 0 Comments
Expert Needed to Prove Liability for Slip and Fall

In Turkowski v. Management Resources Systems, Inc., 2014 N.J. Super. Unpub. LEXIS 705  (App.Div. 2014), the plaintiff sued Rack Room Shoes, Inc. for personal injuries resulting from a fall at Rack Room, a retail shoe store. The trial court found that the plaintiff was unable to establish the defendant’s negligence without a liability expert and […]

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Mode of Operation Rule Found Not Applicable to Fall at KFC

By on March 10, 2014 in Blog with 0 Comments
Mode of Operation Rule Found Not Applicable to Fall at KFC

Janice Prioleau fell at a Kentucky Fried Chicken on a substance she believed to be a mix of grease and water on its floor. In Prioleau v. Kentucky Fried Chicken, Inc., 2014 N.J. Super. LEXIS 29 (App.Div. Mar. 3, 2014), the Appellate Division decided that it was error for the trial court to charge the […]

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No Duty Owed by Private Utility to Remove Dead Tree

By on February 11, 2014 in Blog with 0 Comments
No Duty Owed by Private Utility to Remove Dead Tree

No Duty Owed by Private Utility Company to Remove Dead Tree in Right of Way to Prevent Accident The Plaintiffs in McGlynn v. State of New Jersey, no. L-2-06 (App. Div. Jan. 3, 2014) claimed that Jersey Central Power and Light Company (“JCP&L”) owed a duty of care to remove vegetation in its right of […]

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