A Capehart Scatchard Blog

Tag: Tort Claims Act

Insufficient Basis Found to File Late Tort Claim Notice in COVID-Related Death

By on September 2, 2022 in Court Rulings with 0 Comments

Plaintiff’s deceased husband Bernard Waddell contracted COVID-19 in March 2020 while he was working as a Corrections Officer at the Hudson County Correctional Center.  He died from viral pneumonia secondary to COVID-19 on April 1, 2020.  Plaintiff, Sheliah Waddell, Bernard’s wife filed a Notice of Tort Claim in November 2020 and thereafter filed a motion […]

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Appellate Division Rules That Plaintiff’s Medical Bills Incurred Due to Personal Injury Were Admissible at Trial Against Public Entity

By on July 15, 2022 in Evidence with 0 Comments

Plaintiff Katesha Salmond appealed from a summary judgment order granted to a public entity bus company and its driver, dismissing her personal injury complaint.  She was injured on a public bus and incurred substantial medical expenses for her injuries.  One issue in the Salmond case, 2022 N.J. Super. Unpub. LEXIS 1282 (App. Div. July 14, […]

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Court Finds That Plaintiff’s Notice Of Claim Substantially Complied With The Notice Requirements Of The Tort Claims Act

By on May 27, 2022 in Court Rulings with 2 Comments

Plaintiff, a Rutgers Police Department Officer, was injured on July 12, 2018 when attacked by an individual attempting to be restrained by City of Newark Police officers.  Plaintiff alleges to have suffered serious injuries and was determined to be permanently disabled and unable to perform her duties as a Rutgers Police Officer.  In Peart v. […]

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Recent Unpublished Appellate Division Opinion Regarding Sidewalk Liability

By on May 13, 2022 in Sidewalks with 0 Comments

In an unpublished March 29, 2022 opinion in Blake v. Glavan, 2022 N.J. Super. Unpub. LEXIS 499, the Appellate Division further addressed the issue of sidewalk liability. The Court addressed the issue of the liability of both a homeowner and a municipality for an injury caused by a fall over an uneven public sidewalk. The […]

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Plaintiff’s Personal Injury Lawsuit Dismissed As To Public Entity For Failure To Meet Permanency Threshold

By on April 29, 2022 in Permanency with 0 Comments

Plaintiff, Monica Vargas-Aguacondo, was injured in a motor vehicle accident with a Union County police car driven by defendant David Eckenrode.  Plaintiff, age 60, injured her left shoulder and back in the accident.  The issue in Vargas-Aguacondo v. Eckenrode & County of Union, 2022 N.J. Super. Unpub. LEXIS 682 (App. Div. Apr. 25, 2022), was […]

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New Jersey Turnpike Authority Found Not Liable For Injury Caused Due To Plaintiff’s Motorcycle Hitting A Pothole

By on March 25, 2022 in Liability with 0 Comments

Plaintiff Daniel O’Brien sued the New Jersey Turnpike Authority (“NJTA”) for injuries he claimed to have suffered when he lost control of his motorcycle after hitting a pothole on the New Jersey Turnpike.  The issue in O’Brien v. New Jersey Turnpike Authority, 2022 N.J. Super. Unpub. LEXIS 120 (App. Div. Jan. 27, 2022) was whether […]

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Neither County Nor City Found Responsible For Injury To Plaintiff Caused By Tree Limb Piercing Windshield Of His Car

By on February 25, 2022 in Liability with 0 Comments

Plaintiff Marc Russi suffered significant injuries when a tree limb fell and pierced the windshield of his car while he was traveling on Union Valley Road in West Milford.  The fallen tree limb came from a tree located in the Pequannock Watershed, a 35,000 – acre natural resource area owned by the City of Newark.  […]

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Court Finds City Not Liable For Plaintiff’s Injury Suffered From Stepping Into Pothole

By on December 23, 2021 in Liability with 0 Comments

Plaintiff Giani Petty broke her ankle when she stepped into a pothole on a residential street in Newark.  The plaintiff sued the City of Newark for her injuries suffered as a result of the fall. The issue in Petty v. City of Newark, 2021 N.J. Super. Unpub. LEXIS 3122 (App. Div. Dec. 20, 2021) was whether […]

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Neither Wawa, Nor The State Held Liable For Accidents That Occurred Due To Drivers Making An Illegal Left Turn Into A Wawa Driveway

By on October 1, 2021 in Negligence with 2 Comments

In a published decision, the Appellate Division considered appeals from two cases involving motor vehicle accidents that occurred about one year apart at about the same location under similar circumstances.  In both cases, a driver traveling westbound on Route 322 in Folsom, New Jersey made an illegal left turn in the direction of one of […]

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New Jersey Supreme Court Holds that Multiple Documents Cannot be Used to Establish Compliance with the Notice Requirements of the Tort Claims Act

By on July 30, 2021 in Court Rulings with 0 Comments

By: Sean P. Dugan, Law ClerkEditor: Betsy G. Ramos, Esq. On June 13, 2017, Plaintiff H.C. Equities served the County of Union and Union County Improvement Authority a “Notice of Tort Claim” for “damages arising from tortious interference with contract … conspiracy, defamation and trade libel.” The claim arose out of a contract dispute where […]

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