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…
22-2-2532 Estate Of Frankie L. Garner v. Senior Care Centers Of America, Inc.,App. Div. (per curiam) (4 pp.) Defendant Senior Care Centers of America, Inc. operates an adult care facility. Garner, who was then eighty-four years old, was being cared for in the facility when she stood up and then abruptly sat back down, either…
Review of State vs. R.P. by New Jersey Criminal Attorney, Jeffrey Hark The subject matter at issue in the knowing and voluntariness of a defendant’s video and audio statement that is being offered at the time of trial. In every case the court MUST conduct a Rule 104 hearing to determine if, at the time…