In the following statement from the appellate division a petitioner can read and review the exact standard (a) the appellate court employees to evaluate a workers compensations judge’s decision making process and how the appellate court must give deference to the judge of compensation’s determinations of credibility of the witnesses. It is a key standard of review that applies to many appellate reviews of trial…
39-2-3115 Graham v. Silver Care Nursing Center, App. Div. (per curiam) (10 pp.) Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark Defendant appeals from the order of the Workers’ Compensation Court awarding petitioner medical and temporary disability benefits for injuries caused by an admittedly compensable accident, arguing that the record lacked sufficient credible evidence to…
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TORTS | MOTOR VEHICLES – submitted by truck crash attorney, Jeffrey Hark. 36-7-3005 DiGerolamo v. Gale , Dist. Ct. (Kugler, U.S.D.J.) (12 pp.) In this personal injury action arising out of a collision between the vehicle driven by plaintiff and the tractor-trailer driven by defendant Gale, defendant Cheyenne’s Pilot Cars Inc., which contracted with the tractor-trailer’s owner…
36-2-2923 Feliciano v. Faldettaf, App. Div. (Waugh, J.A.D.) (9 pp.) Download the entire case here Case review submitted by New Jersey civil lawyer, Jeffrey Hark In this Appellate Division case the court was asked to decide if the plaintiff’s attorney is entitled to his hourly rate request on a contingent fee case once the condition precedents of the Offer of Judgement…
14-2-2963 State v. M.G.M ., App. Div. (per curiam) (11 pp.) Submitted by New Jersey DWI lawyer, Jeffrey Hark Several years ago the New Jersey legislature created the 4th degree offense under NJSA 2C:20-40-26(b) of driving while suspended as a result of a DWI suspension. This defendant, once indicted applied for PTI, Pre Trial Intervention. The county…
14-2-2924 State v. McGrath, App. Div. (per curiam) (14 pp.) Submitted by New Jersey DWI attorney, Jeffrey Hark After a trial de novo in the Law Division, defendant appeals from his conviction for refusing to submit to a chemical breath test. Defendant argues the conviction should be reversed because the officer read the April 2004…