Topic: Litigation

Res Ipsa Loquitur: the Thing Speaks for Itself… Unless the Thing We’re Speaking of Involves a Public Entity

By:  Jessica M. Anderson Res ipsa loquitur is not available in an action against a public entity grounded upon a dangerous condition of public property.  Rocco v. New Jersey Transit Rail Operations, Inc., 330 N.J. Super. 320, 339-40 (App. Div. 2000).  The Tort Claims Act requires proofs beyond those necessary for a res ipsa loquitur […]

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Filing an Internal Affairs Complaint with Police Department Not “Substantially Comply” with Tort Claims Act Notice Requirement

By: Betsy G. Ramos Plaintiff Malik Macklin alleged that three Camden County Police Officers used excessive force when they assaulted and arrested him without probable cause as he was walking down the street and, as a result, he suffered injuries. Less than one month later, he reported the incident to the Camden County Police Department’s […]

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Township Found Not Liable to Pedestrian for Injury Resulting From Tripping Over Depression in Middle of Roadway While Jaywalking

By: Betsy G. Ramos The Plaintiff Patricia Shilinsky “Shilinsky” went to visit her son at his home on Abbott Avenue in Ridgefield. She parked her car across the street from his home. As she jaywalked across the street, she tripped and fell on a depression in the middle of the roadway. In Shilinsky v. Borough […]

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Shareholder Gina Zippilli Named a 2015 “New Leader of the Bar”

Capehart & Scatchard is pleased to announce that Gina Zippilli, Esq. was nominated and then selected as one of 50 attorneys that were designated as “New Leaders of the Bar” state-wide.  A seven-judge panel reviewed all nominations throughout New Jersey and narrowed their list down to reflect only those attorneys that exhibited the qualities and […]

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Plaintiff’s Failure to File Timely Notice of Tort Claim Due to Attorney’s Illness May Constitute Extraordinary Circumstances and Justify Late Notice of Claim

By Betsy G. Ramos, Esq. In the published opinion of Beyer v. Sea Bright Borough, 2015 N.J. Super. LEXIS 84 (App. Div. May 19, 2015)), the Plaintiff Brian Beyer claimed that the Sea Bright Police Department physically abused him when he was arrested in August 2013. Upon his release from jail, he consulted with Clifford […]

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