Civil Law
Hiring the Right Expert Requires the Right Attorney
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. In spring of 2010 a vehicle next to an apartment building caught fire. Nobody knows the cause but there are suspicions an unattended grill may have been the cause. The fire spread to the building owned by defendant Emma Gavidia and then onto a neighboring building owned…
Read MoreEven Lawyers Use Lawyers: The Risk of Self-Representation at Trial
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. We have all heard the cliché, “He who represents himself has a fool for a client.” Nevertheless, there are those who find the prospect of representing themselves appealing to save them money or make them look more genuine to a jury. Obviously, we would not perform our…
Read MoreDepositions Not Meant to be Jackpot for Expert Witnesses
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Jusino v. Lapenta, decided May 23, 2014, by the Law Division in Atlantic County, is a case about a previously unanswered question in New Jersey case law–what is a reasonable expert fee? The underlying case concerns a car accident in which a permanent injury of the plaintiff…
Read MoreLiability Dominoes: Summary Judgment Remains a High Standard to Meet
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. In Vivas v. Tango, decided by the Appellate division on June 18th, the defendant thought he had a simple case for summary judgment. The plaintiff was in front of his vehicle at a red light, when he himself was rear ended by a third vehicle. He moved…
Read MoreThe Danger of Leaving the Door Open During Witness Examination
Posted by New Jersey Civil Law Attorney, Jeffrey Hark. Sallee v. Stagnitti, decided June 2, 2015, arose out of an incident where the plaintiff allegedly was walking on the sidewalk in the parking lot of a restaurant called The Mill at Spring Lake Heights when she was struck by Mr. Stagnitti. It should be…
Read MoreRes Judicata and the Entire Controversy Doctrine: The Civil Law’s Double Jeapordy
Submitted by New Jersey Civil Law Attorney, Jeffrey Hark Wadeer v. NJM decided February 18, 2014 by the N.J. Supreme Court is an import case for this blog because it allows us to examine the entire controversy doctrine, res judicata, and whether insurance companies have an incentive to settle in an uninsured motorist(UM) claim. Put…
Read MoreApplication to Amend and Statue of Limitations | Phillips v. Weichert
Phillips v. Weicher – Submitted by New Jersey Civil Lawyer, Jeffrey Hark In most law school civil procedure classes students learn about a case called Krupksi v. Costa Crociere, which concerns a lawsuit against a cruise ship that was mistakenly filed against the booking agent Costa Cruise, rather than Costa Crociere themselves. The statute of…
Read MoreIndemnity Clauses and Subcontracted Defendants
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. Let’s say you slip and fall walking to your car on a sidewalk belonging to Target because there was ice all over and nobody cleared it or bothered to put down salt. If you sustain injuries who do you sue? Most people would answer Target. That could…
Read MoreWho Caused the Flooded Basement? Plaintiff has the Burden of Proof
Submitted by New Jersey Civil Lawyer, Jeffrey Hark. rcriminalcivil.wpengine.com In this case there was a broken water main which caused a flood in defendant’s basement store causing economic damage to plaintiff’s business. Plaintiff was not able to obtain an expert report who, based on the facts of the case and the applicable standards, provided an…
Read MorePhysician Background Not Relevant To Informed Consent
Submitted by New Jersey Civil Lawyer, Jeffrey Hark Whenever a procedure is performed on a patient by a doctor it is necessary that the patient provide informed consent. This means that the patient understands what is about to happen and the risks associated with the procedure. Informed consent is measured by the “prudent patient” standard…
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