A Capehart Scatchard Blog

Tag: slip and fall

Plaintiff Not Entitled to Mode of Operation Charge When Unable to Identify Substance Causing Fall

By on June 22, 2018 in Civil Lawsuits with 0 Comments

Plaintiff Enrico Andricola (“Andricola”) slipped and fell in the cafeteria of Defendant Kennedy Hospital (“Kennedy”). He injured his ankle and sued Kennedy. In Andricola v. Kennedy Univ. Hosp. Inc., 2018 N.J. Super. Unpub. LEXIS 1146 (App. Div. May 16, 2018), the issue was whether the plaintiff was entitled to a mode of operation charge for […]

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Homeowners Found Not Liable for Slip and Fall on Ice on Adjoining Public Sidewalk Due to a Refreeze of Water From Homes’ Downspouts

By on January 5, 2018 in Liability with 0 Comments

Plaintiff Rosa Perez slipped and fell on a public sidewalk in Harrison, New Jersey while walking in front of the row-homes of defendants Joseph and Jane Bator and Jose and Rosalyne Parraguez. Both homes had rooftop gutters and downspouts that channeled rain water and snowmelt into the common alleyway between the two homes and spilled […]

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Owner of Three Family Home Has No Liability for Injury Caused by Fall on Sidewalk Adjacent to Home

By on June 16, 2017 in Liability with 0 Comments

Plaintiff Scott Valentine suffered injuries when he fell on ice or snow on the public sidewalk abutting the three family home owned by defendants Maximo and Ana Almanzar. The issue in Valentine v. Almanzar, 2017 N.J. Super. Unpub. LEXIS 1440 ( App. Div. June 12, 2017) was whether the defendant homeowners had a legal duty […]

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