Full Service Law Firm in Mt. Laurel Township, NJ | Capehart Scatchard

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Notable Win: New Jersey Superior Court Grants Summary Judgment Dismissal of Intentional Wrong Claim in Workplace Injury Case

Client: Tribeca Oven, LLC

Court: Essex County Superior Court

Brief Attorneys: Betsy G. Ramos, Esq., Gitika Kapoor, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: Tribeca Oven, LLC, et al ads. Urzola, Marta

The Court granted summary judgment in favor of defendant Tribeca Oven LLC, dismissing claims that a workplace injury involving a bakery machine rose to the level of “intentional wrong.” Plaintiff sustained injuries while operating an industrial bakery equipment and alleged that the employer’s conduct constituted intentional wrong to bypass the exclusivity of the NJ Workers’ Compensation Act.

We successfully argued the absence of evidence in the record that Plaintiff needed to show the employer’s conduct surmounted the high threshold of substantial certainty of injury to her.

Notable Win: Successful Jury Trial and Appeal in Essex County Construction Injury Case

Client: Vin-Rick Builders, LLC

Court: Superior Court of New Jersey, Appellate Division

Trial Attorney: Christopher J. Hoare, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: Guerini v. Vin-Rick Builders and Hutch Grove Enterprises, et al.

Our office represented a defendant (Vin-Rick Builders, LLC) in a construction injury lawsuit filed in Essex County Court. This case was previously reported on here. Hutch Grove Enterprises appealed the verdict claiming (1) denial of its Motion for Summary Judgment was error, and (2) the trial judge’s jury charge was insufficient in explaining the duties of the general contractor.

The Appellate Division affirmed the jury trial finding that the denial of Hutch Grove Enterprises’ Motion for Summary Judgment was proper and the jury charge adequately explained the duties of the owner of a construction project who assumes the role of the general contractor.

Notable Win: New York State Appellate Division 2nd Department Affirms Defendant’s Summary Judgment Decision

Client: QMB Plumbing & Heating

Court: Supreme Court of the State of New York, Appellate Division, Second Judicial Department

Brief Attorney: Alyson L. Knipe, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: Hidalgo v. David Contractor NY, Inc., et al

Plaintiff tripped and fell over a hose that was on the sidewalk adjacent to ongoing construction at the abutting property. QMB Plumbing & Heating performed plumbing work at the subject premises. The Second Department affirmed QMB’s motion for summary judgment dismissing the complaint finding that QMB established it did not cause or create the dangerous condition, and that it did not own the hose or place it on the sidewalk.

Notable Win: New Jersey Appellate Division Affirms Summary Judgment Victory in FELA Railroad Cancer Case

Client: New York Susquehanna & Western Railway

Court: Appellate Division

Trial Attorney: Christopher J. Hoare, Esq. and Laura M. Danks, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: Stephans v. New York, Susquehanna & Western Rwy.

This matter involved a rail worker who was diagnosed with bladder cancer. As rail workers are not subject to workers’ compensation, claims for workplace injuries are adjudicated under the Federal Employers’ Liability Act (FELA), which provides a three-year statute of limitations commencing when the worker “knows or has reason to know of a connection between his railroad employment and his injury.” 

Plaintiff’s treating cancer doctors told him that his cancer was probably related to his 26 years working on the railroad. Plaintiff immediately hired a lawyer to sue our client for his bladder cancer, but his attorney did not file his initial FELA complaint until a year after the three-year statute of limitations expired.

After the plaintiff’s deposition, our firm filed a Motion for Summary Judgment which the trial court granted. Plaintiff appealed the dismissal to the Appellate Court, which affirmed the grant of our original Motion for Summary Judgment.

Notable Win: Defense Strategy Saves Shortline Railroad from Years of Litigation and Risk of Potential Multi-Million Dollar Exposure

Client: Dover and Delaware River RR

Court: Superior Court of New Jersey, Chancery Division, Warren County

Trial Attorney: Alan P. Fox, Esq and Christopher J. Hoare, Esq 

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: DV & KY, Gold Star Trucking Corp. v. Norfolk Southern Corp. d/b/a Norfolk Southern; Norfolk Southern Railway Co. d/b/a Norfolk Southern and Dover Delaware River Railroad, LLC

In August 2024, private property owner plaintiffs filed a lawsuit against Norfolk Southern (“NS”), a Class 1 railroad, seeking to compel it to repair an overhead bridge for passenger motor vehicles that crosses over its railway tracks located in Warren County.

In response, NS filed a Third-Party Complaint against our client, Dover and Delaware River Railroad, LLC (the “Client/Shortline RR), seeking contractual indemnification since the Client/Shortline RR operated rail service along the railway under a written lease. The bridge in question was constructed in 1913 by a now-defunct railroad company.

Our firm successfully negotiated a Consent Order that dismissed the Third-Party Complaint, allowing the Client/Shortline RR to become a defendant in the primary lawsuit. This change saved the Client/Shortline RR from the cost and expense to defend against the Third-Party Complaint and permitted it to focus on defending against the plaintiffs’ Complaint. NS and the Client/Shortline RR agreed that the Client/Shortline RR would take the lead in this defense.

Regarding the Complaint, our firm successfully negotiated a Case Management Order to stay discovery and enable both the Client/Shortline RR and NS to file Motions for Summary Judgment based on three legal defenses: (1) standing, (2) subject matter jurisdiction, and (3) exhaustion of administrative remedies.

On March 21, 2025, after reviewing the briefs and hearing oral arguments, the Chancery Court issued a 24-page unpublished decision granting the Motions for Summary Judgment from both NS and the Client/Shortline RR. The Court found the following: (1) Plaintiffs lacked standing under N.J.S.A. 48:12-49 because there is no private cause of action under this statute; (2) the Superior Court of New Jersey lacks jurisdiction to determine whether Conrail (which is no longer in business) ever owned the bridge (the plaintiffs allege that the bridge was owned by Conrail and subsequently transferred to NS) since federal law gives exclusive jurisdiction to the Federal District Court; and (3) Plaintiffs failed to exhaust their administrative remedies under the Railroad Overhead Bridge Act of 1988, N.J.S.A. 27:5G-5 (the “Abandoned Bridge Act”), which expressly assigns exclusive investigation authority to the Commissioner of NJDOT regarding abandoned bridges over railroads.

Importantly, the plaintiffs failed to exercise their right to petition the Commissioner for an investigation and hearing, which would have allowed them to present evidence. They also did not request that the owner of the private road adjacent to the bridge assume jurisdiction and perform the necessary repairs.

Notable Win: Car Dealership Wins Prerogative Writ Action Against Township to Expand Parking Lot

Client: Foulke Management Corp. and Lenny Reality, LLC

Court: Camden County Superior Court

Trial Attorney: Laura D. Ruccolo, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: Lenny Reality, LLC et al. v. Cherry Hill Township et al.

Summary judgment was granted in favor of Foulke Management Corp. and Lenny Reality, LLC (hereinafter “plaintiffs”) in a Prerogative Writ Action finding that Cherry Hill Township acted arbitrarily, capriciously and unreasonably in rescinding zoning permits related to the Planning Boards approval of Cherry Hill Dodge located off Route 70 West to expand its parking lot.

The matter arose out of a law suit brought by the plaintiffs against the Township of Cherry Hill after it rescinded zoning permits related to the Township’s Planning Board approval for Cherry Hill Dodge to tear down two homes and to expand the Cherry Hill Dodge parking lot after neighbors made unsubstantiated complaints that the conditions of approval had been violated by Cherry Hill Dodge.

Notable Win: Defense No Cause Verdict Found in Construction Accident Resulting in Personal Injury

Client: Vin-Rick Builders, LLC

Court: Essex County Superior Court

Trial Attorney: Christopher J. Hoare, Esq.

Brief Attorney: Nuo Jiang, Esq.

**Results may vary depending on your particular facts and legal circumstances**

Matter Caption: Guerini v. Vin-Rick Builders and Hutch Grove Enterprises, et al.

Plumber (47 yrs. old) fell from unguarded stairs while carrying a bathtub suffering significant lumbar and cervical disc herniations.  Plaintiff sued client Vin-Rick and co-defendant project owner-developer.  Plaintiff underwent four (4) spine operations and fusions.  Motion for Summary Judgment was denied due to factual issue as to which defendant was acting as the de facto general contractor on the project as of date of accident.  Client Vin-Rick’s owner was deceased prior to his deposition.

Defense presented circumstantial evidence at trial which proved to the jury that the co-defendant Hutch Grove Enterprises was acting as the de facto general contractor as of date of accident.  See: Costa v. Gaccione, 408 N.J. Super. 362 (App. Div. 2009). Elements of control by general contractor include: hiring sub contractors, purchasing material, paying for permits, and supervising of sub-contractors.  After 45 minutes, the jury returned a verdict of no-cause in favor of Vin-Rick Builders, LLC and awarded Plaintiff $1.8M against codefendant Hutch Grove Enterprises.

Notable Win: Dan Lepore and Sons, Company v. Liberty Mutual Insurance

Client: Liberty Mutual Insurance

Court: Philadelphia County Court of Common Pleas

Brief Attorney: Edward F. Kuhn, lll

**Results may vary depending on your particular facts and legal circumstances**

Liberty Mutual Insurance (“Liberty”) defended Dan Lepore and Sons in a Workers’ Compensation case filed by one of Lepore’s employees. The Philadelphia Workers’ Compensation Court found the claim compensable. Lepore felt the claims were fraudulent and was very upset with the outcome. The Workers’ Compensation decision was appealed and the matter was then settled pending the appeal.

Lepore then filed a Complaint alleging Liberty breached the insurance contract by failing to provide conflict-free counsel in the Workers’ Compensation case. Lepore also included a bad faith count for the handling of the Workers’ Compensation claim and for Liberty’s billing practices. We also filed a Counterclaim on Liberty’s behalf against Lepore for Lepore’s failure to pay its deductible.

We filed a motion for summary judgment on behalf of Liberty to dismiss Lepore’s Complaint and to enter judgment on Liberty’s Counterclaim. Lepore also filed a motion for summary judgment to dismiss Liberty’s Counterclaim. The court granted Liberty’s motion for summary judgment to dismiss Lepore’s Complaint and granted Liberty’s Counterclaim. Lepore’s motion was denied.

Notable Win: Quiteria Orellana Hidalgo v. David Contractor NY, Inc., KFG Realty LLC, Fei Guo, DHC Contracting Inc, and QMB Plumbing & Heating, Inc.

Client: QMB Plumbing & Heating (AmeriTrust)

Court: New York Supreme Court, Queens County

Brief Attorney: Alyson L. Knipe, Esq. 

**Results may vary depending on your particular facts and legal circumstances**

This case involved a trip and fall on the sidewalk abutting a construction site.  A hose ran from underneath the construction fence across the sidewalk to the gutter.  Plaintiff alleges that she tripped on the hose.  QMB was a plumbing subcontractor hired by the building owner.  On November 3, 2023, QMB  was granted summary judgment dismissing the action as we demonstrated that QMB did not own the hose that was the subject of the accident.

Notable Win: Angela Scheddin v. Borough of Freehold

Client: Borough of Freehold

Court: Superior Court of New Jersey, Law Division, Monmouth County

Trial Attorney: Betsy G. Ramos, Esq.

Brief Attorney: Patrick J. Graham, Esq. 

**Results may vary depending on your particular facts and legal circumstances**

Plaintiff sought to reinstate claims that she initially filed against the Borough of Freehold in March 2020 and voluntarily dismissed shortly thereafter in June 2020 via consent order. The Borough of Freehold filed an opposition to Plaintiff’s Motion to Vacate Dismissal and a cross-motion for Summary Judgment seeking dismissal of Plaintiff’s reinstated claims with prejudice. The Court ultimately found that reinstatement of Plaintiff’s March 2020 claims was barred by the statute of limitations, and even if those claims were reinstated, the Borough of Freehold was entitled to absolute immunity under several provisions of the New Jersey Tort Claims Act.

Capehart Blogs

Awards
Appellate Division Approves Penalty of 25% on Award Four Days Past 60-Day Requirement
Board Members
Board Member Denied Standing to Challenge School Ethics Act on First Amendment Grounds
Duty of Care
Ongoing Storm Rule Upheld Due to Plaintiff’s Inability to Establish Clear Endpoint to Precipitation

Appellate Division Approves Penalty of 25% on Award Four Days Past 60-Day Requirement

Board Member Denied Standing to Challenge School Ethics Act on First Amendment Grounds

Ongoing Storm Rule Upheld Due to Plaintiff’s Inability to Establish Clear Endpoint to Precipitation

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