A Capehart Scatchard Blog

Tag: Tort Claims Act

Township Found to Have No Liability for Injury Caused by Trip Over Pothole in Shoulder of Road

By on May 26, 2023 in Duty of Care, NJ Litigation with 0 Comments

Plaintiff Patrice Powers-Feigel was walking on the shoulder of Nosenzo Pond Road in West Milford when she slipped on gravel and her foot got caught on the edge of a pothole or uneven pavement.  She tripped and fell into the street, resulting in serious injuries.  The issue in Powers-Feigel v. Township of West Milford, 2023 […]

Share

Continue Reading »

Failure to Provide Notice of Claim Form to Plaintiff’s Counsel Insufficient to Justify Filing a Late Notice of Tort Claim

By on January 31, 2023 in Court Rulings, NJ Litigation with 0 Comments

On June 4, 2021, plaintiff Joshua Jackson slipped on an unidentified liquid on the stairs between the first and second floors of a building owned by Defendant City of Passaic Housing Authority.  Plaintiff alleges that he attempted to obtain a notice of claim form from the Authority but was unsuccessful. Less than one week before […]

Share

Continue Reading »

Municipality Found Not Liable for Injury Caused by Trip Over Raised Boardwalk Board

By on December 29, 2022 in Negligence, NJ Litigation with 0 Comments

Plaintiff Ercilia Rojas, while walking on the boardwalk in Atlantic City, tripped and fell over a raised board. As a result of her fall, she suffered a rotator cuff tear in her shoulder. She sued Atlantic City, among other defendants, alleging negligence for a dangerous condition on public property. The issue in Rojas v. AC […]

Share

Continue Reading »

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

By on September 2, 2022 in Court Rulings, NJ Litigation 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 […]

Share

Continue Reading »

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, NJ Litigation 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, […]

Share

Continue Reading »

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

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. […]

Share

Continue Reading »

Recent Unpublished Appellate Division Opinion Regarding Sidewalk Liability

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 […]

Share

Continue Reading »

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

By on April 29, 2022 in NJ Litigation, 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 […]

Share

Continue Reading »

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, NJ Litigation 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 […]

Share

Continue Reading »

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, NJ Litigation 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.  […]

Share

Continue Reading »

Top