Preview
MON-L-001444-24 05/01/2024 10:13:09 AM Pglof6 Trans ID: LCV20241103717
James A. Maggs, Esq. (039841991)
MAGGS MC DERMOTT & DICICCO
Attorneys at Law
Allarie Corporate Center
3349 Highway 138
Building C, Suite D
Wall, NJ 07719
(732) 223-9870
Attorneys for Plaintiffs
Our File No.: 5779.0001
SHARON CAPPELLO AND ROBERT SUPERIOR COURT OF NEW JERSEY
CAPPELLO LAW DIVISION
MONMOUTH COUNTY
Plaintiffs
vs. DOCKET NO.: MON-L-
SAKER SHOPRITES, INC.; SHOPRITE OF Civil Action
HAZLET; JOHN DOES 1-5 (fictitious names,
true identities unknown at this time); COMPLAINT, JURY DEMAND AND
and ABC COMPANY 1-5 (fictitious names, DESIGNATION OF TRIAL COUNSEL
true identities unknown at this time),
Defendants.
Plaintiffs, Sharon Cappello and Robert Cappello, by way of complaint against the
Defendants, Saker Shoprites, Inc., Shoprite of Hazlet, John Does 1-5 and ABC Company 1-5, says:
THE PARTIES
1 Plaintiff, Sharon Cappello (“‘S. Cappello”), is an individual with an address of 803
Florence Avenue, in the Borough of Union Beach, County of Monmouth and State of New Jersey.
2 Plaintiff, Robert Cappello (“R. Cappello”), is an individual with an address of 803
Florence Avenue, in the Borough of Union Beach, County of Monmouth and State of New Jersey.
3 Upon information and belief, Defendant, Saker Shoprites, Inc. (“Saker”) is a
corporation doing business in the State of New Jersey, including Monmouth County.
MON-L-001444-24 05/01/2024 10:13:09 AM Pg2of6 Trans ID: LCV20241103717
4 Upon information and belief, Defendant, Shoprite of Hazlet (“‘Shoprite”), is a
corporation doing business at 3120 Route 35, in the Township of Hazlet, County of Monmouth and
State of New Jersey.
5 The Defendants John Does 1-5 (“John Does”) and ABC Company 1-5 (“ABC
Company”) are fictitious defendants whose identities are presently unknown, said fictitious names
representing persons and entities who are responsible for the injuries suffered by the Plaintiff as
described herein and who shall be identified as the Plaintiff’s investigation progresses.
6. Saker, Shoprite, John Does, and ABC Company are collectively referred to herein as
the “Defendants.”
FIRST COUNT
(Negligence)
7 The Plaintiffs repeat and reallege the allegations set forth in the preceding
paragraphs of this Complaint as if set forth at length herein.
8 At all times hereinafter mentioned, S. Cappello was a business invitee of
Defendants.
9 On or about May 10, 2022, S. Cappello was lawfully on the Defendants premises
located at 3120 Route 35, in the Township of Hazlet, County of Monmouth and State of New
Jersey (the “Premises”).
10. During the course of S. Cappello’s business at the Premises, S. Cappello was
injured as a result of a dangerous condition.
ll. Defendants were the owners of the Premises and were in control and in charge of
maintaining, cleaning, inspecting, hiring, training, supervising, providing necessary and adequate
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warnings and security, design and constructing, removing dangerous conditions and controlling the
Premises in a safe and prudent manner wherein Poling was injured.
12. It then and there became the duty of these Defendants, as aforesaid, to own, operate,
occupy, maintain, clean, inspect, deliver, hire, train, supervise, design, construct, remove dangerous
conditions, provide security and necessary adequate warnings, control and maintain the Premises in
a safe and proper manner so that Poling would receive no injuries therefrom.
13. Notwithstanding these duties, Defendants were negligent in that it:
a. Did not keep the premises in a safe condition;
b. Did not exercise proper care;
Caused a dangerous and hazardous condition to exist;
Allowed a nuisance to exist;
Failed to provide proper safeguards and/or warnings on the Premises;
Failed to provide proper, safe and clear access for persons allowed and
invited to use the Premises; and
g And was otherwise negligent in maintaining and supervising the Premises.
14. As a direct and proximate result of the negligence and carelessness of the
Defendants, S. Cappello was seriously and permanently injured; was caused to sustain serious
mental pain and suffering and emotional distress, and will in the future be caused to sustain serious
mental pain and suffering, and emotional distress; was caused to sustain other great losses; and was
prevented from attending to her usual business, occupation and duties, and was otherwise seriously
and permanently damaged.
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MON-L-001444-24 05/01/2024 10:13:09 AM Pg4of6 Trans ID: LCV20241103717
WHEREFORE, S. Cappello, demands judgment against Defendants, for damages together
with interest, attorney’s fees, costs of suit and such other and further relief as the Court deems just
and equitable.
SECOND COUNT
(Respondeat Superior)
15. The Plaintiff repeats and realleges the allegations set forth in the First and Second
Counts of the Complaint as if set forth at length herein.
16. At all times relevant herein, John Does were an employee, agent or independent
contractor of Shoprite, Saker, and/or ABC Company, and were acting in the scope of their
relationship with such Defendants at the time of the accident.
17. As a result of John Does relationship with Shoprite, Saker, and/or ABC Company
as aforesaid, Shoprite, Saker and ABC Company are responsible for the acts and/or omissions of
John Does.
18. As a result of the injuries sustained by S. Cappello, Shoprite, Saker and/or ABC
Company are liable under the theory of respondeat superior.
WHEREFORE, the Plaintiff demands judgment against Shoprite, Saker and ABC Company
for damages, interest, reasonable attorney’s fees, costs and such other further relief as the Court
deems just and proper.
THIRD COUNT
(Per Quod Claim)
19. The Plaintiffs repeat and reallege the allegations set forth in the preceding
paragraphs of this Complaint as if set forth at length herein.
20. At all times relevant herein, R. Cappello was the lawful spouse of S. Cappello.
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21. Atall times prior to the accident complained of, S. Cappello was capable of and did
perform all of the duties of a wife.
22. Asa direct and proximate result of the injuries sustained by S. Cappello, she has been
unable to perform the duties of a wife, and, as a result thereof, R. Cappello has been deprived of the
society, companionship and consortium of 8. Cappello.
WHEREFORE, the Plaintiffs demand judgment against Defendants for damages, interest,
reasonable attorney’s fees, costs and such other and further relief as this Court deems proper and just.
DEMAND FOR INSURANCE INFORMATION
Pursuant to Rule 4:10-2(b) demand is hereby made that defendants disclose to the undersigned
whether there are any insurance agreements or policies under which any person or firm carrying on an
insurance business may be liable to satisfy part or all of a judgment which may be entered in this action
or to indemnify or reimburse for payments made to satisfy the judgment.
If the answer is “yes”, attach a copy of each, or in the alternative state, under oath, or certification
(a) number; (b) name and address of insurer or issuer; (c) inception and expiration dates; (d) names and
addresses of all persons insured thereunder; (e) personal injury limits; (f) proper damage limits; (g)
medical payment limits; (h) name and address of personal who has custody and possession thereof; (i)
where and when each policy or agreement can be inspected and copied.
DEMAND FOR ANSWERS TO FORM C AND C(2) UNIFORM INTERROGATORIES
PLEASE TAKE NOTICE that pursuant to R. 4:17-1(b)(ii) plaintiffs demand certified answers
to Form C and C2 of the Uniform Interrogatories set forth in Appendix to the Rules Governing Civil
Practice and the following, supplemental interrogatory.
5.
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If the defendants contend in any way that the injuries claimed by plaintiff to have been
caused by this incident were in fact not caused or in any way related to this incident, state fully and in
detail each and every fact upon which defendants will rely in support of said contention. Annex hereto
copies of any and all medical records or other documents upon which defendants will rely in support of
said contention.
DEMAND FOR TRIAL BY JURY
Please take notice that pursuant to Rule 4:35-1, the Plaintiff demands a trial by jury as to all
issues.
DESIGNATION OF TRIAL COUNSEL
Pursuant to Rule 4:25-4, James A. Maggs, Esquire, is designated as trial counsel for Plaintiff in
the above matter.
CERTIFICATION
Pursuantto Rule 4:5-1, the matter in controversy is not the subject in any other action pending
in any court or in any pending arbitration proceeding, nor is any arbitration proceeding contemplated. The
Plaintiff is not aware of any other parties who should be joined in this action at this time.
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MA DERMOTT & DiCiCCO, LLC
Attameys for’
JAMES A. we
patep: S\\\2
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Preview
MON-L-001444-24 05/01/2024 10:13:09 AM Pglof6 Trans ID: LCV20241103717 James A. Maggs, Esq. (039841991) MAGGS MC DERMOTT & DICICCO Attorneys at Law Allarie Corporate Center 3349 Highway 138 Building C, Suite D Wall, NJ 07719 (732) 223-9870 Attorneys for Plaintiffs Our File No.: 5779.0001 SHARON CAPPELLO AND ROBERT SUPERIOR COURT OF NEW JERSEY CAPPELLO LAW DIVISION MONMOUTH COUNTY Plaintiffs vs. DOCKET NO.: MON-L- SAKER SHOPRITES, INC.; SHOPRITE OF Civil Action HAZLET; JOHN DOES 1-5 (fictitious names, true identities unknown at this time); COMPLAINT, JURY DEMAND AND and ABC COMPANY 1-5 (fictitious names, DESIGNATION OF TRIAL COUNSEL true identities unknown at this time), Defendants. Plaintiffs, Sharon Cappello and Robert Cappello, by way of complaint against the Defendants, Saker Shoprites, Inc., Shoprite of Hazlet, John Does 1-5 and ABC Company 1-5, says: THE PARTIES 1 Plaintiff, Sharon Cappello (“‘S. Cappello”), is an individual with an address of 803 Florence Avenue, in the Borough of Union Beach, County of Monmouth and State of New Jersey. 2 Plaintiff, Robert Cappello (“R. Cappello”), is an individual with an address of 803 Florence Avenue, in the Borough of Union Beach, County of Monmouth and State of New Jersey. 3 Upon information and belief, Defendant, Saker Shoprites, Inc. (“Saker”) is a corporation doing business in the State of New Jersey, including Monmouth County. MON-L-001444-24 05/01/2024 10:13:09 AM Pg2of6 Trans ID: LCV20241103717 4 Upon information and belief, Defendant, Shoprite of Hazlet (“‘Shoprite”), is a corporation doing business at 3120 Route 35, in the Township of Hazlet, County of Monmouth and State of New Jersey. 5 The Defendants John Does 1-5 (“John Does”) and ABC Company 1-5 (“ABC Company”) are fictitious defendants whose identities are presently unknown, said fictitious names representing persons and entities who are responsible for the injuries suffered by the Plaintiff as described herein and who shall be identified as the Plaintiff’s investigation progresses. 6. Saker, Shoprite, John Does, and ABC Company are collectively referred to herein as the “Defendants.” FIRST COUNT (Negligence) 7 The Plaintiffs repeat and reallege the allegations set forth in the preceding paragraphs of this Complaint as if set forth at length herein. 8 At all times hereinafter mentioned, S. Cappello was a business invitee of Defendants. 9 On or about May 10, 2022, S. Cappello was lawfully on the Defendants premises located at 3120 Route 35, in the Township of Hazlet, County of Monmouth and State of New Jersey (the “Premises”). 10. During the course of S. Cappello’s business at the Premises, S. Cappello was injured as a result of a dangerous condition. ll. Defendants were the owners of the Premises and were in control and in charge of maintaining, cleaning, inspecting, hiring, training, supervising, providing necessary and adequate -2- MON-L-001444-24 05/01/2024 10:13:09 AM Pg3of6 Trans ID: LCV20241103717 warnings and security, design and constructing, removing dangerous conditions and controlling the Premises in a safe and prudent manner wherein Poling was injured. 12. It then and there became the duty of these Defendants, as aforesaid, to own, operate, occupy, maintain, clean, inspect, deliver, hire, train, supervise, design, construct, remove dangerous conditions, provide security and necessary adequate warnings, control and maintain the Premises in a safe and proper manner so that Poling would receive no injuries therefrom. 13. Notwithstanding these duties, Defendants were negligent in that it: a. Did not keep the premises in a safe condition; b. Did not exercise proper care; Caused a dangerous and hazardous condition to exist; Allowed a nuisance to exist; Failed to provide proper safeguards and/or warnings on the Premises; Failed to provide proper, safe and clear access for persons allowed and invited to use the Premises; and g And was otherwise negligent in maintaining and supervising the Premises. 14. As a direct and proximate result of the negligence and carelessness of the Defendants, S. Cappello was seriously and permanently injured; was caused to sustain serious mental pain and suffering and emotional distress, and will in the future be caused to sustain serious mental pain and suffering, and emotional distress; was caused to sustain other great losses; and was prevented from attending to her usual business, occupation and duties, and was otherwise seriously and permanently damaged. 3- MON-L-001444-24 05/01/2024 10:13:09 AM Pg4of6 Trans ID: LCV20241103717 WHEREFORE, S. Cappello, demands judgment against Defendants, for damages together with interest, attorney’s fees, costs of suit and such other and further relief as the Court deems just and equitable. SECOND COUNT (Respondeat Superior) 15. The Plaintiff repeats and realleges the allegations set forth in the First and Second Counts of the Complaint as if set forth at length herein. 16. At all times relevant herein, John Does were an employee, agent or independent contractor of Shoprite, Saker, and/or ABC Company, and were acting in the scope of their relationship with such Defendants at the time of the accident. 17. As a result of John Does relationship with Shoprite, Saker, and/or ABC Company as aforesaid, Shoprite, Saker and ABC Company are responsible for the acts and/or omissions of John Does. 18. As a result of the injuries sustained by S. Cappello, Shoprite, Saker and/or ABC Company are liable under the theory of respondeat superior. WHEREFORE, the Plaintiff demands judgment against Shoprite, Saker and ABC Company for damages, interest, reasonable attorney’s fees, costs and such other further relief as the Court deems just and proper. THIRD COUNT (Per Quod Claim) 19. The Plaintiffs repeat and reallege the allegations set forth in the preceding paragraphs of this Complaint as if set forth at length herein. 20. At all times relevant herein, R. Cappello was the lawful spouse of S. Cappello. -4- MON-L-001444-24 05/01/2024 10:13:09 AM Pg5of6 Trans ID: LCV20241103717 21. Atall times prior to the accident complained of, S. Cappello was capable of and did perform all of the duties of a wife. 22. Asa direct and proximate result of the injuries sustained by S. Cappello, she has been unable to perform the duties of a wife, and, as a result thereof, R. Cappello has been deprived of the society, companionship and consortium of 8. Cappello. WHEREFORE, the Plaintiffs demand judgment against Defendants for damages, interest, reasonable attorney’s fees, costs and such other and further relief as this Court deems proper and just. DEMAND FOR INSURANCE INFORMATION Pursuant to Rule 4:10-2(b) demand is hereby made that defendants disclose to the undersigned whether there are any insurance agreements or policies under which any person or firm carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in this action or to indemnify or reimburse for payments made to satisfy the judgment. If the answer is “yes”, attach a copy of each, or in the alternative state, under oath, or certification (a) number; (b) name and address of insurer or issuer; (c) inception and expiration dates; (d) names and addresses of all persons insured thereunder; (e) personal injury limits; (f) proper damage limits; (g) medical payment limits; (h) name and address of personal who has custody and possession thereof; (i) where and when each policy or agreement can be inspected and copied. DEMAND FOR ANSWERS TO FORM C AND C(2) UNIFORM INTERROGATORIES PLEASE TAKE NOTICE that pursuant to R. 4:17-1(b)(ii) plaintiffs demand certified answers to Form C and C2 of the Uniform Interrogatories set forth in Appendix to the Rules Governing Civil Practice and the following, supplemental interrogatory. 5. MON-L-001444-24 05/01/2024 10:13:09 AM Pg6of6 Trans ID: LCV20241103717 If the defendants contend in any way that the injuries claimed by plaintiff to have been caused by this incident were in fact not caused or in any way related to this incident, state fully and in detail each and every fact upon which defendants will rely in support of said contention. Annex hereto copies of any and all medical records or other documents upon which defendants will rely in support of said contention. DEMAND FOR TRIAL BY JURY Please take notice that pursuant to Rule 4:35-1, the Plaintiff demands a trial by jury as to all issues. DESIGNATION OF TRIAL COUNSEL Pursuant to Rule 4:25-4, James A. Maggs, Esquire, is designated as trial counsel for Plaintiff in the above matter. CERTIFICATION Pursuantto Rule 4:5-1, the matter in controversy is not the subject in any other action pending in any court or in any pending arbitration proceeding, nor is any arbitration proceeding contemplated. The Plaintiff is not aware of any other parties who should be joined in this action at this time. oo Ih MA DERMOTT & DiCiCCO, LLC Attameys for’ JAMES A. we patep: S\\\2 -6-