A Capehart Scatchard Blog

Tag: premises liability

New Jersey Supreme Court Adopts “Ongoing Storm” Rule with Limited Exceptions

By on June 18, 2021 in Negligence with 0 Comments

In a June 10, 2021 opinion written in Pareja v. Princeton International Properties, Inc., 2021 N.J. LEXIS 549 (2021), the New Jersey Supreme Court adopted the “Ongoing Storm” Rule, which should be very useful to the defense bar in pursuing Summary Judgment as to claims arising out of slip and fall events that take place […]

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Mode of Operation Doctrine Does Not Apply to Fall on a Grape Sold in Clamshell Case

By on May 21, 2021 in Liability with 0 Comments

Plaintiff Aleice Jeter slipped and fell on a grape in the aisle of the defendant Sam’s Club East, LP, Linden store and filed a lawsuit to recover damages for her neck and back injuries.  She relied upon the mode of operation doctrine, which she contended excused her from establishing that the defendant had actual or […]

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Plaintiff’s NJ Lawsuit Dismissed Due To Inability To Describe Cause Of Trip And Fall

By on May 7, 2021 in Negligence with 0 Comments

Plaintiff Evangelos Vassilakis sued defendants Thomas Kelly and Bonita Duffy, the owners of the property where plaintiff was a tenant, and also sued the owners of the property next to plaintiff’s apartment due to injuries suffered in a fall.  Plaintiff claimed that he was injured when he fell on the defendants’ property.  The issue in […]

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Borough Found Not Liable For Slip And Fall Injury Due To Alleged Depression In Grassy Area Of Municipal Park

By on April 2, 2021 in Negligence with 0 Comments

Plaintiff Suzanne Pagonis tripped and fell while walking across a grassy field at the Crestwood Lake Club, which was a recreational lake swimming complex owned by defendant Borough of Allendale and encompassed a municipal park, Crestwood Park.  Her daughter had participated earlier in the day in a softball tournament at the Club’s facilities.  Plaintiff fell […]

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Retail Store Found To Be Potentially Liable For Trip And Fall Caused By Gap Between Escalator Platform And Floor

By on February 26, 2021 in Negligence with 0 Comments

Plaintiff Arcelie Williams was injured while shopping at the defendant J.C. Penney store.  While on the second level of the store, she attempted to use the escalator to go down to the first level but her foot caught on a metal platform that was immediately in front of and connected to the escalator.  She fell […]

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Appellate Division Rejects Ongoing Storm Rule in Second Decision

By on October 9, 2020 in Negligence with 0 Comments

Plaintiff Josselyn Berniz (“Berniz”) worked as a housekeeper for defendants Jeffrey and Aisha Atkins. After cleaning their home, while leaving, she fell on their snow covered driveway.  It was still snowing when she left the defendants’ home. The issue in Berniz v. Atkins, 2020 N.J. Super. Unpub. LEXIS 1900 (App. Div. Oct. 8, 2020) was […]

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Defendant Underage Adult May Be Held Liable To Third Party Injured Due To Defendant Facilitating The Use Of Alcohol To Underage Adult At His Residence

By on September 25, 2020 in Negligence with 0 Comments

Defendant Mark Zwierzynski (“Zwierzynski”), age 19, permitted his underage adult friends to consume alcoholic beverages in his home. Two of his guests, plaintiff’s decedent Brandon Tyler Narleski (age 19) and plaintiff Nicholas Gomes (age 20) left his home severely intoxicated. Shortly thereafter, Gomes lost control of his vehicle and crashed, causing Narleski’s death. In Estate […]

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Red Lobster Found Potentially Liable To Customer For Injury From Fall On Oily Steps

By on September 4, 2020 in Negligence with 0 Comments

The plaintiff, Mia Alers-Alvira, was leaving the Red Lobster restaurant when she slipped and fell on the last of three steps that led to the entrance/exit pathway of the Red Lobster.  She claimed that she fell on the oily residue on these concrete steps.  In the case of Alers-Alvira v. Red Lobster Restaurant, Inc., 2020 […]

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Will New Jersey Business Owners Be Liable If Invitees Contract COVID-19 From Their Business After They Reopen?

By on April 24, 2020 in Duty of Care with 0 Comments

While business owners are likely waiting impatiently to reopen their businesses, what will happen if their invitees (customers, tenants, vendors) who come into their business contract COVID -19 and become sick or die? Could they be subject to being sued for their invitee’s illness or death? As of now, there is no legal protection in […]

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New Jersey Appellate Division Rejects Storm In Progress Defense

By on April 13, 2020 in Negligence with 0 Comments

In a published decision involving a slip and fall accident on a public sidewalk due to black ice, the Appellate Division rejected the ongoing-storm rule as a defense (aka the Storm in Progress rule). Instead, in Pareja v. Princeton International Properties, 2020 N.J. Super. LEXIS 41 (App. Div. Apr. 9, 2020), the Court held that […]

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