A Capehart Scatchard Blog

Tag: slip and fall

Homeowner Not Responsible for Plaintiff’s Injury Caused by Slip on Ice in Front of Home

By on October 31, 2025 in NJ Litigation, Sidewalks with 0 Comments
Homeowner Not Responsible for Plaintiff’s Injury Caused by Slip on Ice in Front of Home

Plaintiff Joseph Costigan was walking on the sidewalk in front of the home of the defendants Gurprit and Sneh Bains when he slipped and fell on a patch of ice and struck his head.  He claimed that the drainage system on defendants’ property, that ran down the driveway and across the sidewalk, was faulty and […]

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District Court Finds That Mode of Operation Rule Did Not Apply to a Fall From a Blueberry Sold in a Clamshell Container

By on October 17, 2025 in Negligence, NJ Litigation with 0 Comments
District Court Finds That Mode of Operation Rule Did Not Apply to a Fall From a Blueberry Sold in a Clamshell Container

Plaintiff Jessica Nunez was shopping at the Clifton Costco and claimed that she slipped and fell on at least one blueberry on the floor in the meat department.  She sued Costco for her personal injuries.  The issue in Nunez v. Costco Wholesale Corp., 2025 U.S. Dist. LEXIS 196212 (D.N.J. Oct. 3, 2025) was whether Costco […]

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Appellate Division Upholds Trial Court’s Involuntary Dismissal of Plaintiff’s Personal Injury Claim Due to Her Failure to Prove Liability

By on September 26, 2025 in Liability, NJ Litigation with 0 Comments
Appellate Division Upholds Trial Court’s Involuntary Dismissal of Plaintiff’s Personal Injury Claim Due to Her Failure to Prove Liability

The Pro Se plaintiff Tannia Winston tried her personal injury case on her own against 7-Eleven.  She claimed that she was injured due to a slip and trip at defendant’s convenience store.  The issue in Winston v. 7-Eleven, Inc., 2025 N.J. Super. Unpub. LEXIS 1705 (App. Div. Sept. 18, 2025) was whether the trial court […]

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Summary Judgment Dismissal Affirmed Based Upon Storm In Progress Doctrine

By on August 1, 2025 in Negligence, NJ Litigation with 0 Comments
Summary Judgment Dismissal Affirmed Based Upon Storm In Progress Doctrine

Plaintiff Glenn Weidlich slipped and fell outside the front door of his condominium unit due to ice on the landing and fell down the stairs.  He sued the defendants, 313-319 First Street Condo Association Inc. and Clinton Hill Condo Association, among other defendants, claiming that they were negligent due to the unsafe condition of the […]

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Appellate Division Reaffirms “Bright-Line” Between Commercial and Residential Properties as to Public Sidewalk Liability

By on July 11, 2025 in NJ Litigation, Sidewalks with 0 Comments
Appellate Division Reaffirms “Bright-Line” Between Commercial and Residential Properties as to Public Sidewalk Liability

In the published case of Gottsleben v. Annese, 2025 N.J. Super. LEXIS 52 (App. Div. July 3, 2025), the plaintiff Debra Gottsleben unsuccessfully attempted to expand the principles of public sidewalk liability for commercial properties to a residential property that was unoccupied and undergoing renovations.  The plaintiff had slipped and fell on the sidewalk in […]

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Concert Venue Found Not Liable for Slip and Fall Injury From Liquid on Concourse

By on June 6, 2025 in Liability, NJ Litigation with 0 Comments
Concert Venue Found Not Liable for Slip and Fall Injury From Liquid on Concourse

Plaintiff Gabriela Mirtha Tiscornia Sosa was injured when she slipped and fell on a wet floor at a concert at the Prudential Center.  This venue was owned by defendant DAE, which contracted with defendant ABM to provide janitorial services.  The issue in Sosa v. Devils Arena Entertainment, LLC, 2025 N.J. Super. Unpub. LEXIS 787 (App. […]

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Court Dismisses Plaintiff’s Personal Injury Lawsuit Due to Inability to Identify Why Floor Was Slippery

By on May 16, 2025 in Evidence, NJ Litigation with 0 Comments
Court Dismisses Plaintiff’s Personal Injury Lawsuit Due to Inability to Identify Why Floor Was Slippery

Plaintiff Ann Brilliant slipped and fell inside an Outback Steakhouse but did not know how or why she slipped.  She was unable to identify any specific hazardous condition of the floor or deviation from accepted safety standards.  The issue in Brilliant v. Outback Steakhouse of Florida, LLC, 2025 U.S. Dist. LEXIS 87014 (D.N.J. May 7, […]

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Photographs Showing Mopping of Floor and Caution Sign Placed Post-Accident Barred at Trial As Subsequent Remedial Measure

By on March 28, 2025 in Evidence, NJ Litigation with 0 Comments
Photographs Showing Mopping of Floor and Caution Sign Placed Post-Accident Barred at Trial As Subsequent Remedial Measure

Plaintiff Pauline Jelken fell in a puddle of water in the lobby of the defendant’s Public Storage facility.  After she fell, an employee mopped the puddle and placed a caution sign on the floor.  Plaintiff sued Public Storage for her injuries suffered from the fall. The issue in Luciano v. Public Storage, 2025 N.J. Super. […]

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Court Finds Commercial Tenant Not Responsible for Plaintiff’s Fall in Parking Lot

By on March 7, 2025 in Liability, NJ Litigation with 0 Comments
Court Finds Commercial Tenant Not Responsible for Plaintiff’s Fall in Parking Lot

Plaintiff Vito Collucci fell on ice and snow while walking towards a restaurant in the parking lot of a multi-tenant strip mall.  He sued the owner of the shopping center, the restaurant, as well as other tenant stores located in the strip mall.  The issue in Collucci v. Cosima Cassese, 2025 N.J. Super. Unpub. LEXIS […]

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Court Rules That Commercial Landowner Has No Duty to Pre-treat Commercial Sidewalks Despite Actual or Constructive Knowledge of an Impending Storm

By on July 12, 2024 in Duty of Care, NJ Litigation with 0 Comments
Court Rules That Commercial Landowner Has No Duty to Pre-treat Commercial Sidewalks Despite Actual or Constructive Knowledge of an Impending Storm

Defendant Hillside Estates, Inc. owned and managed Winding Woods Apartments in Sayreville, New Jersey.  Plaintiff, Hsi Rung Niu-Wang, was a tenant in the complex.  After plaintiff left her apartment to go to work, she walked towards her car and fell on black ice in the parking lot. The issue in Niu-Wang v. Hillside Estates, 2024 […]

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