A Capehart Scatchard Blog

Tag: trip and fall

Court Finds County Not Liable for Fall on Public Sidewalk Adjacent to County Road

By on November 21, 2025 in NJ Litigation, Sidewalks with 0 Comments
Court Finds County Not Liable for Fall on Public Sidewalk Adjacent to County Road

Plaintiff Frances Hice tripped and fell and suffered injuries as a result of an uneven public sidewalk slab on Watchung Avenue in Bloomfield.  The sidewalk abutted a private residence owned by defendants Jose Cruz and Angelica Delacruz.  The sidewalk was adjacent to a road (Watchung Avenue) owned by the County of Essex.  The issue in […]

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Appellate Division Rules That Injured Plaintiff May Pursue Pothole Claim Against Municipality

By on July 25, 2025 in Liability, NJ Litigation with 0 Comments
Appellate Division Rules That Injured Plaintiff May Pursue Pothole Claim Against Municipality

On January 29, 2021, Plaintiff Michael Shaw tripped and fell while crossing Kearny Avenue due to a large pothole in the middle of the street. He suffered significant injuries including a broken right hip, chronic lumbar strain, and aggravation of other pre-existing conditions. The issue in Shaw v. Town of Kearny, 2025 N.J. Super. Unpub. […]

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Municipality Found to Have No Liability for Injury Caused by Trip on Uneven Boards on Boardwalk

By on April 25, 2025 in Liability, NJ Litigation with 0 Comments
Municipality Found to Have No Liability for Injury Caused by Trip on Uneven Boards on Boardwalk

Plaintiff Jessica Feeney tripped and fell while walking on the boardwalk in the City of Atlantic City.  She sued the City claiming that she tripped on uneven boards and that the City was negligent in causing the dangerous condition and that it failed to timely repair the condition.  The issue in Feeney v. City of […]

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Court Dismisses Plaintiff’s Personal Injury Claim Caused by Fall in Pothole Located in Crosswalk

By on January 2, 2025 in Negligence, NJ Litigation with 0 Comments
Court Dismisses Plaintiff’s Personal Injury Claim Caused by Fall in Pothole Located in Crosswalk

Plaintiff Nelly Reis a/k/a Nelly Gonclaves and her husband filed a lawsuit against the City of Newark for her personal injuries.  She alleged that she tripped and fell in a pothole, a couple of feet outside of a crosswalk, while she was crossing an intersection in the City of Newark.  The issue in Reis v. […]

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New Jersey Supreme Court Imposes Duty Upon Owner of Vacant Commercial Lot to Maintain the Public Sidewalk Abutting the Property

By on June 20, 2024 in Duty of Care, NJ Litigation with 0 Comments
New Jersey Supreme Court Imposes Duty Upon Owner of Vacant Commercial Lot to Maintain the Public Sidewalk Abutting the Property

Plaintiff Alejandra Padilla allegedly tripped, fell, and suffered injuries on the sidewalk that abutted the vacant commercial lot in Camden owned by the defendants Young Il An and Myo Soon An.  This property had been purchased more than 25 years previously but no building was ever constructed.  The issue in Padilla v. Il An, 2024 […]

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Hotel Found Not to Be Liable for an Injury Caused by Trip Over Corner of Bed Frame

By on November 17, 2023 in Liability, NJ Litigation with 0 Comments

Plaintiff Cheryl King was a guest at the defendant Harrah’s Atlantic City Hotel.  While walking through her hotel room, she hit her leg on the corner of the bed frame which caused her to trip and hit her head on the wall.  The issue in King v. Harrah’s Atlantic City Operating Co., LLC, 2023 U.S. […]

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Homeowner Did Not Have Insurance Coverage for Accident of Person Who Lived With Insured

By on October 27, 2023 in Coverage, NJ Litigation with 0 Comments

Plaintiff Mary Ann Iaeck lived with Patricia Barnaba in a condominium owned by Defendant Barnaba.  Plaintiff fell down a flight of stairs in the condominium and sued Barnaba, claiming that Barnaba’s negligence caused her fall.  Barnaba had a homeowner’s insurance policy with personal liability coverage with Federal Insurance Company (“Federal”).  The issue in Iaeck v. […]

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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 […]

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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 […]

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Appellate Division Upholds Defense Jury Verdict Against Plaintiff For Trip Over A Curb

By on November 12, 2021 in Court Rulings, NJ Litigation with 0 Comments

Plaintiff Angela Lash tripped over a curb while stepping onto a sidewalk at defendants’ car wash.  As a result, she broke her leg.  The issue in Lash v. Ultimate Hand Car Wash and Detail Center, LLC and Carpel Rt. 46 Associates, LLC, 2021 N.J. Super. Unpub LEXIS 2601 (App. Div. November 5, 2021), was whether […]

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