A Capehart Scatchard Blog

Tag: Storm in Progress

Landlord Found Not Liable to Injured Tenant Who Fell on Ice During Storm

By on May 24, 2019 in Negligence with 0 Comments

Plaintiff, Samir Abdalla, alleged that he slipped and fell on an icy walkway in his apartment complex and suffered a fractured radius in his left arm. He sued his landlord Threegees t/a Monaco Arms, Inc., claiming that the defendant was negligent in failing to clear ice on the sidewalk in the apartment complex. The issue […]

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Snow In Progress Defense Upheld By the Appellate Division

By on May 3, 2019 in Negligence with 0 Comments

Plaintiff, Janet Dixon, while leaving work, slipped and fell on a sidewalk due to snow and ice.  It was undisputed that she fell during a snow storm.  In Dixon v. HC Equities Associates, 2019 N.J. Super. Unpub. LEXIS 1005 (App. Div. May 2, 2019), the issue was whether the defendant property owner was liable due […]

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Retailer Found Not Liable for Fall in Parking Lot Due to Snow and Ice Based Upon Ongoing Snowstorm

By on March 8, 2019 in Negligence with 0 Comments

Plaintiff Folusho Oyebola fell in the Walmart parking lot during a snowstorm and sued Wal-Mart Stores, Inc. and Tree Fellas, LLC, Walmart’s snow contractor, for her injuries. In Oyebola v. Wal-Mart Stores, Inc., 2019 N.J. Super. Unpub. LEXIS 432 (App. Div. Feb. 25, 2019), the issue was whether either defendant breached a duty of care […]

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