Slip and Fall Cases – Dismissed Again

March 10, 2019 |

Plaintiff injured party Could not sustain his burden of proof Submitted by Personal Injury Lawyer, Jeffrey Hark WILLY FRANKEL and JILLIAN FRANKEL,  v. EDGEWATER MULTIPLEX CINEMAS, NATIONAL AMUSEMENTS, INC., Decided March 7, 2019 In this case, yet another plaintiff’s slip and fall personal injury action, was dismissed at the Summary Judgment Motion filed by defendant and affirmed…

Timbs v. Indiana – Eighth Amendment’s Ban on Excessive Fines

March 9, 2019 |

Timbs v. Indiana Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. The Supreme Court in February 20,2019  ruled that the Eighth Amendment’s ban on excessive fines applies to the states’ efforts to seize forfeited Vehicles seized by local police from defendants allegedly charged with drug offenses.The decision is a victory for an Indiana man whose…

Allegations that a Private Attorney Engaged in Unethical Conduct and Improperly Influenced the Prosecution of Two Individuals by the Cumberland County Prosecutor’s Office (CCPO)

March 8, 2019 |

SYLLABUS This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Court. In the interest of brevity, portions of an opinion may not have been summarized. In the Matter…

Expert Required: “whether any legal or proximate cause issue to be dealt with in a law suit is so esoteric that jurors of common judgment and experience cannot form a valid judgment as to whether the conduct of the [defendant] was reasonable.”

March 7, 2019 |

LUZ PEREZ,  v. BERBICE PROPERTIES, LLC, Defendant-Respondent, and BERBICE PROPERTIES, LLC, v.  CITY OF JERSEY CITY, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION  (Unpublished Decision) Decided March 5, 2019 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. This case addresses an issue that will be coming up a great deal more as our world becomes more and more complicated!…

What is do I have to do when I appeal a Municipal Court and Law Division rulings against me?

March 7, 2019 |

STATE OF NEW JERSEY, Plaintiff-Respondent, v. THOMAS HEROLD,  New jersey Appellate Division  Decided February 27, 2019  (UnPublished Decision) Submitted by New Jersey Civil Lawyer, Jeffrey Hark This is a dog owner’s appeal of a municipal court decision declaring the family dog “Vicious” under New Jersey’s Vicious or Potentially Dangerous Dog Act (Act), N.J.S.A. 4:19-17 to -37. The facts are…

SLIP AND FALL IN A MULTIPLE DWELLING UNIT DURING A SNOW AND ICE STORM

March 7, 2019 |

CURTIS MCCANTS and CLARINE MCCANTS,  v. MACK KENNEDY, ANNETTE KENNEDY, and CLEVON MCCANTS,   Decided February 28, 2019 APPELLATE REVIEW OF THE TRIAL JUDGE’S DECISION TO GRANT SUMMARY JUDGEMENT Submitted by Personal Injury Lawyer, Jeffrey Hark. In reviewing the grant or denial of summary judgment, we apply the same standard which governs the trial court under Rule 4:46-2(c). Perrelli…

Is the defense doctor’s use of the words “symptom magnifier”, “somatization” and “malingerer” allowed in New Jersey personal injury actions after this decision?

March 7, 2019 |

Alexandra Rodriguez v. Wal-Mart Stores, Inc. (A-2/3-17) (079470) Argued September 13, 2018 — Decided March 4, 2019 (I am purposefully omitting the facts here because they are laid out in full in the decision that is also on this web page.) The primary issue that I will be addressing in this personal injury action is…

How do I prove I suffered a permanent injury by way of credible competent medical evidence during discovery or at the time of trial?

March 7, 2019 |

KRZAK,  v. FASO, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Decided March 5, 2019  (Unreported Appellate Division Case) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. There are several serious issues in this case.  The first and foremost is one of credibility and being prepared.  What is credibility in the personal injury setting?? It is having your client…

Can I sue a landlord of the commercial building where I work if i am injured on the job?

March 3, 2019 |

What if there is a defect in the building where I work?  Can is sue the building owner? Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Soriano v. 70 Hudson St. Realty, LLC , N.J. Super. App. Div. Decided February 27, 2019. In this case the Plaintiff appealed the dismissal of her wrongful death action…

If I have a workers compensation case in New Jersey can I also sue in Superior Court?

March 3, 2019 |

What is a Section 20 Settlement and why is my attorney proposing it to me? Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. MARGARITA SORIANO, Individually and as Administratrix Ad Prosequendum of the ESTATE OF GUMERCINDO SORIANO,  Plaintiff-Appellant, v. 70 HUDSON STREET REALTY, LLC, DF 70 REALTY, LLC, MF 70 REALTY, LLC, LJC 70 REALTY, LLC,…