A Capehart Scatchard Blog

Tag: negligence

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

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Recent Unpublished Appellate Division Opinion Regarding Sidewalk Liability

In an unpublished March 29, 2022 opinion in Blake v. Glavan, 2022 N.J. Super.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, NJ Litigation 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, NJ Litigation 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, NJ Litigation 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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New Jersey Turnpike Authority Found Not Liable For Injury Caused Due To Plaintiff’s Motorcycle Hitting A Pothole

By on March 25, 2022 in Liability, NJ Litigation with 0 Comments

Plaintiff Daniel O’Brien sued the New Jersey Turnpike Authority (“NJTA”) for injuries he claimed to have suffered when he lost control of his motorcycle after hitting a pothole on the New Jersey Turnpike.  The issue in O’Brien v. New Jersey Turnpike Authority, 2022 N.J. Super. Unpub. LEXIS 120 (App. Div. Jan. 27, 2022) was whether […]

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New Jersey Supreme Court Rules that Mode of Operation Doctrine Does Not Apply to Sale of Grapes in Closed Container

By on March 18, 2022 in Liability, NJ Litigation with 0 Comments

Plaintiff Aleice Jeter sued Sam’s Club due to injuries suffered in its Linden, New Jersey store after she slipped on one or more grapes. Sam’s Club sold its grapes in closed clamshell containers sealed with tape. The case was dismissed by the trial court judge, which decision was affirmed upon appeal to the Appellate Division, […]

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Fitness Club’s Waiver of Liability and Assumption of Risk Clauses in Agreement Found to Bar Member’s Personal Injury Claim

By on February 18, 2022 in Negligence, NJ Litigation with 0 Comments

Plaintiff, Leah Skarbnik was a member of the defendant fitness facility, Life Time Fitness, Inc., and was injured after participating in a yoga class at the facility. She fell after participating in a “hot yoga” class. The issue in Skarbnick v. Life Time Fitness, Inc., 2021 N.J. Super. Unpub. LEXIS 2068 (App. Div. Sept. 2, […]

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Landlord Found Not Liable For Tenant’s Fall On Interior Stairway of Residence

Plaintiffs Charles and Deborah Stenger sued their landlord, defendant Bulent Koroglu, for Charles Stenger’s trip and fall that occurred on the bottom step on the stairway to plaintiffs’ leased residence.  They allege that their landlord failed to warn them of a latent defect in the stairway.  The issue in Stenger v. Koroglu, 2022 N.J. Super. […]

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Homeowners Found Not Responsible For Plaintiff’s Injury Caused By Raised Sidewalk Slab In Front Of Defendants’ Home

By on December 10, 2021 in Liability, NJ Litigation with 0 Comments

Plaintiff, Susan Mondie, tripped and fell on a raised sidewalk slab in front of the home owned by defendants, Christopher Linton and Tami Wolfelsperger.  Plaintiff claimed that the homeowners should be liable for her injury caused by her fall because a predecessor in title planted a pear tree next to the sidewalk and its roots […]

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