September 2014 | Capehart Scatchard

Adequate Expert Report Needed To Establish Defect in Sidewalk for Bodily Injury Claim Against Homeowner

Plaintiff Carylee Johnson slipped and fell on the public sidewalk in front of the home owned by defendants Eric and Leigh Ann Morse. She suffered injuries to her knee, arm, and shoulder and sued the defendant homeowners on the basis that the predecessor owner negligently built a defec...

Associate Matthew Wizmur Joins Capehart Scatchard’s Commercial Litigation Department

Mt. Laurel, NJ - - Capehart Scatchard is pleased to announce that Matthew D. Wizmur, Esq. recently joined the Firm’s Commercial Litigation Department in its Mt. Laurel office. Mr. Wizmur, a Philadelphia resident, focuses his practice in the representation of commercial and residentia...

County Immune from Negligence Claim for Fall in Parking Lot Based upon Common Law Snow Removal Immunity

By: Betsy G. Ramos, Esq. Plaintiff Miguelina Hernandez was injured when she slipped and fell on snow and ice while walking in the parking lot of the Raritan Bay Mental Health Center, which is owned and operated by Middlesex County. The trial court found that the defendants, as public...

New Jersey Joins the “Ban The Box” Crowd

By: Ralph R. Smith, 3rd, Esq. On August 11, 2014, New Jersey became the sixth state in the country to enact legislation that precludes employers from seeking information from a job applicant about that person’s criminal background history during the preliminary stages of the hiring p...

Tenth Circuit Court of Appeals Finds Leave in Excess of Six Months Is not a Reasonable Accommodation

Grace Hwang worked as an assistant Professor at Kansas State University. Before the fall term began, she found out she had cancer and needed treatment. She requested a six month leave of absence, which Kansas State granted. As the spring term approached, Hwang’s doctor indicated th...

Insurance Carrier Not Estopped From Denying Homeowners’ Claim

In Masaitis v. Allstate, 2014 N.J. Super. Unpub. LEXIS 2100 (App. Div. Aug. 26, 2014), the plaintiffs Marilyn and William Masaitis appealed from a jury verdict that they were not entitled to compensation from their homeowner’s insurance carrier, Allstate New Jersey Insurance co., for...

Court Finds Joint Employment for Golf Course Superintendent and Applies “Bunkhouse Rule” in Holding Injury at Residence to Be Compensable

Eric Hanisko worked as a superintendent of a 120-acre golf course in West Windsor, N.J. He accepted a written offer of employment in February 2008 on behalf of BCGM, a corporation specializing in golf course management, and CGC, the owner of the golf club. His employment package inc...

No Punitive Damages May be Awarded Against an Estate for Dog Bite Claim against Deceased Defendant

Veronica Maciag, a minor, was attacked by a pit bull owned by the decedent defendant, Kenneth Kantor. There had been prior incidents involving this dog, in which the dog had escaped and bitten people. The minor filed suit against Kantor to recover for her injuries. After the lawsuit w...

Survival of One Claim in Lawsuit Does Not Negate Award of Attorney Fees under Frivolous Lawsuit Statute

Plaintiff James Epstein sued the defendant Sondra Lippi for injuries arising out of collision between him, as he was riding his bicycle, and the automobile she was operating. In Epstein v. Lippi, 2014 N.J. Super. LEXIS 1703 (July 14, 2014 App. Div.), Epstein, who was pro se, appealed...

OSHA Is Considering New Reporting Procedures for Employers for Work Injuries

Employers continue to deal with federal intrusions in workers’ compensation: the Medicare Secondary Payer Statute and now new rules being considered by OSHA. On November 8, 2013, OSHA published a notice of proposed rule-making to amend the agency’s regulations on reporting injuries a...

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Adequate Expert Report Needed To Establish Defect in Sidewalk for Bodily Injury Claim Against Homeowner

Associate Matthew Wizmur Joins Capehart Scatchard’s Commercial Litigation Department

County Immune from Negligence Claim for Fall in Parking Lot Based upon Common Law Snow Removal Immunity

New Jersey Joins the “Ban The Box” Crowd

Tenth Circuit Court of Appeals Finds Leave in Excess of Six Months Is not a Reasonable Accommodation

Insurance Carrier Not Estopped From Denying Homeowners’ Claim

Court Finds Joint Employment for Golf Course Superintendent and Applies “Bunkhouse Rule” in Holding Injury at Residence to Be Compensable

No Punitive Damages May be Awarded Against an Estate for Dog Bite Claim against Deceased Defendant

Survival of One Claim in Lawsuit Does Not Negate Award of Attorney Fees under Frivolous Lawsuit Statute

OSHA Is Considering New Reporting Procedures for Employers for Work Injuries

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