Submitted by New Jersey Criminal Lawyer, Jeffrey Hark Vehicle Search After Accident to Identify Unconscious Driver State v. Sidorek decided October 7, 2014 is an appeal by the State of a motion to suppress that was granted in a vehicular homicide case. The relevant facts of the case are that an officer arrived at the…
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark HAROLD NAULTY v. TOWNSHIP OF PEMBERTON PUBLIC WORKS, This is an appeal of a workers compensation judge’s decision based on 16 days of trial over many testimony dates. Although the issues in this opinion have been reiterated in numerous prior opinions and in different settings I believe it is…
Submitted by Workers Compensation Lawyer, Jeffrey Hark HAROLD NAULTY v. TOWNSHIP OF PEMBERTON PUBLIC WORKS, We discern the following facts and procedural history from the record on appeal. Naulty was hired by Pemberton as a truck driver in September 2004. In addition to driving trucks, Naulty’s duties included leaf and brush collection, tree and road work, guardrail installation…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Originally published here. BRIDGETON — Timothy Seidel, the Laurel Lake man responsible for a crash that killed Millville Police Officer Christopher Reeves and injured another officer during a police pursuit in 2012, was sentenced to 19 years in state prison Friday at the Cumberland County Courthouse. Family, friends, law…
Submitted by worker’s compensation attorney, Jeffrey Hark NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-0 HAROLD NAULTY, Petitioner-Respondent, v. TOWNSHIP OF PEMBERTON PUBLIC WORKS, Respondent-Appellant. ___________________________________ September 26, 2014 Argued September 10, 2014 Decided Before Judges Waugh, Maven, and Carroll. On appeal…
Burden of Proof in Tort Claims – submitted by New Jersey Civil Law Attorney, Jeffrey Hark Ramon Soberal V. City of Millville Department of Parks & Public Property The subject matter of this blog is the burden of proof against a public entity under the New Jersey Tort Claims Act (Title 59). In this case…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark STATE VS. JUSTIN LEE (APP. DIV 2014) This case addresses the standard of review for a trial court when reviewing a prosecutor’s denial of PTI (Pretrial Intervention). The issue in this case are facts submitted to the trial court and a plenary hearing from witnesses regarding the…
Submitted by New Jersey Malpractice Attorney, Jeffrey Hark 29-2-4812 Demarco v. Katz, App. Div. (Fuentes, J.A.D.) (16 pp.) In this case the appellate division reviews the trial court’s retain of a ‘hybrid’ jury charge addressing proximate cause. The issue was whether a dentist’s negligence was the “substantial factor in bringing about the resulting injury.” The court found no discernible error with the…
Submitted by New Jersey Civil Attorney, Jeffrey Hark This blog discusses Aiges v. Fuccillo decided October 14, 2014 by the Appellate Division. Thisis a case that concerns admissibility of lay person statements. The plaintiff was dog-sitting when she was bitten by the defendant’s dog. The defendant presented testimony from the nurse who treated the plaintiff…
Submitted by Jeffrey Hark, New Jersey Criminal Attorney representing Timothy Seidel Originally published here by Press of Atlantic City BRIDGETON — Timothy Seidel was sentenced Friday to 19 years in state prison for causing the on-duty death of Millville police officer Christopher Reeves and the severe injuring of a fellow patrolman two years ago. Superior…