A Capehart Scatchard Blog

Tag: Sidewalks

Homeowner Not Responsible For Plaintiff’s Injury From Trip Over Raised Sidewalk Due To Tree Root

By on April 16, 2021 in Negligence with 0 Comments

Plaintiff, Sevim Temiz, while walking past her neighbor’s residential property in Paramus, tripped over a raised portion of the sidewalk and fell.  She filed a lawsuit alleging that the defendants Ghanshyam Patel and Bijal Patel negligently maintained their property.  The issue in Temiz v. Patel, 2021 N.J. Super. Unpub. LEXIS 604 (App. Div. April 12, […]

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Residential Owner of Three Family Apartment Building Found Not to be Liable for Fall on Adjoining Public Sidewalk

By on October 30, 2020 in Liability with 0 Comments

Plaintiff Gerard Rienzi, while an inspector for Union City, fell on the public sidewalk in front of the three family apartment building owned by defendant Vincent Giacoman. Plaintiff claimed to have suffered injuries when he fell in a hole in the sidewalk adjacent to Giacoman’s building. The issue in Rienzi v. Giacoman, 2020 N.J. Super. […]

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Residential Property Owner Found Not Liable for Plaintiff’s Injury Caused by Raised Public Sidewalk Slab Abutting Owner’s Home

By on February 7, 2020 in Negligence with 0 Comments

Plaintiff Carla Israel was walking on the sidewalk bordering the rear of the defendant’s home located in East Brunswick, New Jersey.  She fell as a result of an uneven slab of sidewalk and suffered an injury.  The issue in Israel v. Gross, 2019 N.J. Super. Unpub. LEXIS 2538 (App. Div. December 12, 2019) was whether […]

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Expert Testimony Not Needed to Establish Unlit Walkway Drop Off Was A Dangerous Condition

By on August 30, 2019 in Negligence with 0 Comments

Plaintiff Holly Hughes was a Certified Nursing Assistant who was hired by the defendant decedent’s daughter to provide nursing care to decedent (Leonard Owen) in his home.  On her first day of work, as she was leaving work, she tripped and fell at the end of the walkway, apparently due to a substantial drop off.  […]

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Owner of Commercial Property With Triple Net Lease Agreement Found Not To Be Liable For Fall on Sidewalk

By on July 19, 2019 in Negligence with 0 Comments

Plaintiff Edna Albert slipped and fell on a sidewalk outside a Pathmark grocery store and suffered personal injuries.  The Pathmark had leased the premises from Klingensmith Associates, LLC (“Klingensmith”).  The issue in Albert v. Pathmark Stores, Inc., 2019 N.J. Super Unpub. LEXIS 1586 (App. Div. July 10, 2019), was whether the commercial landowner, Klingensmith, who […]

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Homeowner Found Not Liable for Injuries Suffered from Fall on Sidewalk

By on June 14, 2019 in Liability with 0 Comments

The plaintiff Terry Peifer was walking her dog when she tripped and fell on the sidewalk bordering the front yard of the home owned by defendant Clarence Mesday.  Plaintiff claims to have fallen on a raised sidewalk.  The issue in Peifer v. Mesday, 2019 N.J. Super. Unpub. LEXIS 990 (App. Div. May 1, 2019) was […]

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Condo Association No Liability for Fall on Interior Sidewalk

By on February 18, 2014 in Blog with 0 Comments
Condo Association No Liability for Fall on Interior Sidewalk

With all the ice and snow this winter, condominium associations (and their insurers) that maintain interior sidewalks in their community will be breathing a sigh of relief that they have no liability for an injury from a fall on an icy patch on an interior sidewalk. In the unpublished Appellate Division decision, Qian v. Toll […]

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