DWI Appeal and Sufficient Credible Evidence

June 12, 2014 |

State of NJ vs. Gorgodian DWI Appeal – State’s Burden of Proof Submitted by New Jersey DWI Lawyer, Jeffrey Hark In this DWI Appeal the court is asked again to determine whether the state has met its evidential burden at of proof and whether the trial court had erred when it made its finds of…

Late Notice of Claim | New Jersey Torts | Personal Injury

June 12, 2014 |

36-2-4170 Bass v. County of Middlesex, App. Div. (per curiam) (9 pp.) Submitted by New Jersey Personal Injury Attorney, Jeffrey Hark Plaintiff Dion Bass appeals from the Law Division’s order that denied his motion for leave to file a late notice of claim pursuant to the New Jersey Tort Claims Act (TCA), against defendant, the…

SOCIAL SERVICES LAW | WHITE COLLAR FRAUD & THEFT BY DECEPTION

June 12, 2014 |

62-2-4168 Janecek v. Board of Review, App. Div. (per curiam) (3 pp.) Submitted by White Collar Crime Attorney, Jeffrey Hark Lubomir Janecek was found eligible to receive unemployment benefits, effective September 21, 2008, in the amount of $560 per week. On January 15, 2009, he resumed employment, but continued receiving unemployment benefits until March 21,…

Rizzo vs. Kean University | LABOR AND EMPLOYMENT | WORKERS’ COMPENSATION

June 12, 2014 |

New Jersey Workers’ Compensation Case: Rizzo vs. Kean University App. Div June 11, 2014. Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark In this case the petitioner alleged that she suffered an exacerbation of her psychiatric condition, of heretofore suppressed PTSD from a sexual assault that took place many years previously when she was…

Maddox v. TRAA Corp. | LABOR AND EMPLOYMENT | WORKERS’ COMPENSATION

June 12, 2014 |

Submitted by New Jersey Workers’ Compensation Lawyer, Jeffrey Hark Maddox v. TRAA Corp., App. Div. (per curiam) (7 pp.) In this case the court ordered the employer to pay TDB payments and provide medical treatment for what the court determined after trial was (a) shock exacerbated Maddox’s cervical problem such that surgery was required. The…

Tracy Morgan in Intensive Care After 6-Vehicle Crash

June 7, 2014 |

The actor and comedian Tracy Morgan was critically injured early on Saturday after the limousine bus in which he was riding was hit by a tractor-trailer in a six-vehicle accident on the New Jersey Turnpike, the State Police said. At least one person was killed in the crash, which occurred about 1 a.m., the State…

Attorney Handling Truck and Passenger Vehicle Accident Newsflash

June 7, 2014 |

Attorneys have to have specific knowledge and skill of the Federal motor carrier safety regulations as well as the Federal passenger transportation regulation for commercial passenger vehicles. The knowledge and skill needed to handle these cases is very specific in addition to access to accident reconstruction professionals and experts to assist in determining the nature…

Falling Does Not Speak for Itself When it comes to Negligence

June 4, 2014 |

Submitted by Personal Injury Lawyer, Jeffrey Hark. Ortiz v. Bernal, decided June 2, 2014 by the Superior Court of New Jersey, Appellate Division, is a good opportunity for this blog to review some principles of tort cases, specifically slip-and-fall cases. In this case Ortiz, who had slipped and fallen at the Elegante Cafe in Camden,…

Exigency and Warrantless Search | State of New Jersey vs. Witt

June 3, 2014 |

Submitted by New Jersey Criminal Lawyer, Jeffrey Hark One of the requirements for conducting a warrantless search is exigency, or to use another word, urgency. The leading case concerning exigency is State v. Pena-Flores in which the Jersey Supreme Court claimed that it was just reaffirming three decades of New Jersey common law which all…

Third Time DWI Offense: Prior DWI Convictions may Enhance the Sentence for a Subsequent Refusal Conviction

June 3, 2014 |

Submitted by New Jersey DWI lawyer, Jeffrey Hark State v. Roger Paul Frye (A-30-12) (070975)  Argued February 3, 2014 — Decided June 3, 2014 The Court considers whether a previous conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, may serve to enhance the sentence for a subsequent conviction for refusal to submit to a breathalyzer…