A Capehart Scatchard Blog

Tag: personal injury

Personal Injury Suit Remanded Back to State Court Due to Failure to Meet Monetary Threshold for Federal Diversity Jurisdiction

By on August 18, 2017 in Court Rulings with 0 Comments

Plaintiff Maria Nalbone, age 87 years old, fell in her room in the Mirage Casino in Las Vegas. She injured one of her ribs due to the fall. In Nalbone v. The Mirage Casino-Hotel, 2017 U.S. Dist. LEXIS 117463 (D.N.J. July 25, 2017), plaintiff argued that the matter did not meet the threshold value of […]

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Plaintiff’s Liability Release Bars Her Personal Injury Claim Against Health Club

By on July 21, 2017 in Liability with 0 Comments

By: Jack Hagerty, Law Clerk Editor: Betsy G. Ramos, Esq. Less than three months after joining Eclipse Sports and Wellness, gym member Maria Pulice was injured at the club when a ten-pound dumbbell fell on her face as her trainer, Oscar Cortes, whom she hired through the club, was handing it to her to perform […]

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Allocation of Negligence as to Fictitious Defendant Permitted in Personal Injury Action

By on December 16, 2016 in Negligence with 0 Comments

Plaintiff Mark Krzykalski sued defendants David Tindall and a John Doe, alleging negligence in the operation of their vehicles that caused an accident in which he was injured. At trial, the judge allowed the jury to allocate negligence between defendant Tindall and the fictitiously named John Doe. In the published decision of Krzykalski v. Tindall, […]

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Constructive Notice May be an Issue in a Premises Liability Personal Injury Suit

By on October 14, 2016 in Liability with 0 Comments

A business owner owes an invitee a duty to discover and eliminate dangerous conditions and to maintain their premises in a safe condition. For an injured plaintiff to prove a breach of that duty, if the owner did not create the condition, the plaintiff must prove that the defendant had actual or constructive knowledge of […]

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