A Capehart Scatchard Blog

What is “Discovery” in a Civil Lawsuit?

By on March 28, 2024 in Discovery with 0 Comments
What is “Discovery” in a Civil Lawsuit?

Lawyers understand the term “discovery” in the context of a civil lawsuit but laypeople involved in a lawsuit likely do not understand what it means to “conduct discovery.” In general terms, it means exactly as it is defined in plain English, i.e. to find out something. In the context of a lawsuit, discovery is used […]

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Court Enforces Strict Deadline for Filing Demand for Trial De Novo

By on March 22, 2024 in Arbitration with 0 Comments
Court Enforces Strict Deadline for Filing Demand for Trial De Novo

Plaintiff Arabruny Lindor, as Administrator Ad Prosequendum of the Estate of Roosevelt Rene, filed a wrongful death lawsuit against defendant Janoris Jenkins which was arbitrated on September 21, 2022.  The arbitrator assessed liability at 50% to each party and awarded plaintiff gross damages of $800,000 with a net award of $400,000.  The issue in Lindor […]

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Appellate Division Reverses Dismissal of Plaintiff’s Complaint and Remands Matter for Evidentiary Hearing on the Issue of Charitable Immunity

By on March 15, 2024 in Evidence with 0 Comments
Appellate Division Reverses Dismissal of Plaintiff’s Complaint and Remands Matter for Evidentiary Hearing on the Issue of Charitable Immunity

Plaintiff Laurence Rothschild claims that he suffered injuries after a slip and fall in a puddle of water at a coin show that was held on a premises owned by the Police Athletic League of Parsippany-Troy Hills (“PAL”).  Plaintiff brought a negligence lawsuit against the Township of Parsippany-Troy Hills, PAL and Garden State Coin Stamps […]

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Court Rules That Amusement and Water Park Owner Able to Sue for Defamation Over Alleged False Rumor

By on March 8, 2024 in Claims with 0 Comments
Court Rules That Amusement and Water Park Owner Able to Sue for Defamation Over Alleged False Rumor

This matter arises from a claim of plaintiffs Christopher Maier and Land of Make Believe, an amusement and water park, against defendant James Zellers for spreading a false rumor about an alleged statement made by Maier.  According to the complaint, in April of 2022, defendant “concocted a false and defamatory story” that Maier visited defendant […]

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Court Permits Plaintiff To File Late Notice Of Tort Claim

By on February 29, 2024 in Liability with 0 Comments
Court Permits Plaintiff To File Late Notice Of Tort Claim

This case involved a tragic accident in which four members of a family were involved in a one-vehicle accident at a toll plaza on the Atlantic City Expressway.  Due to this accident, three of the family members were killed and the fourth member, a 12 year old girl, was severely injured.  To be able to […]

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Appellate Division Reverses Trial Court’s Dismissal of Lawsuit

By on February 23, 2024 in Discovery with 0 Comments
Appellate Division Reverses Trial Court’s Dismissal of Lawsuit

This lawsuit involved a letter of protection dispute arising from $183,107.30 of medical bills allegedly owed for services rendered by plaintiff North Jersey Hip & Knee Center to defendant Janet Quevedo after an automobile accident.  Plaintiff had treated Quevedo for her injuries from the accident based upon a letter of protection from Amy Peterson, Esq., […]

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Defendant Failed to Timely Demand a Jury Trial

By on February 16, 2024 in Trial with 0 Comments
Defendant Failed to Timely Demand a Jury Trial

Plaintiff Shree Atulya Realty, LLC filed a lawsuit against defendant Jorlinar Santos concerning the purchase of property from defendant located in Newark.  As part of the purchase, the plaintiff financed directly with the defendant (the seller) a portion of the purchase price with a note and mortgage on the property.  The payments to the seller […]

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Plaintiff’s Injury Claim Against Municipality Caused by Stepping Into Pothole Fails Due to Lack of Notice of Condition

By on February 9, 2024 in Negligence with 0 Comments
Plaintiff’s Injury Claim Against Municipality Caused by Stepping Into Pothole Fails Due to Lack of Notice of Condition

Plaintiff Reginald Jones was injured when he was attempting to cross in the middle of Isabella Avenue in Irvington.  While stepping off the curb, his foot became stuck in a hole in the street adjacent to the curb.  It caused him to fall and suffer injuries.  The issue in Jones v. Township of Irvington, 2024 […]

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Plaintiff Unable to Recover for Negligent Infliction of Emotional Distress Suffered in Finding Body of Murdered Friend in Their Hotel Room

By on February 2, 2024 in Negligence with 0 Comments
Plaintiff Unable to Recover for Negligent Infliction of Emotional Distress Suffered in Finding Body of Murdered Friend in Their Hotel Room

This case involved an emotional distress claim filed by plaintiff Richard Sperazza in waking up to find the body of his murdered friend and co-worker in the hotel room they were sharing during a work assignment.  Plaintiff and his deceased friend and co-worker were sharing a hotel room during an out of town work assignment.  […]

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Day in the Life Video Excluded at Trial

By on January 26, 2024 in Evidence with 0 Comments
Day in the Life Video Excluded at Trial

Plaintiff Tameko Sawyer was in a motor vehicle accident with defendant Randy Lucas in which she claimed to have suffered an injury to her neck, lower back, and shoulder.  Defendant Lucas had been driving a tractor-trailer owned by defendant Hicks Paving, LLC and Hicks Septic & Portable Toilets, LLC on Route 78, when he moved […]

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