Personal Injury
If I slipped and fell on leaves or tree seed droppings from a tree can I sue the residential land owner?
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. The New Jersey appellate division addressed this issue in this case decided on December 5, 2016. New Jersey has long-standing residential homeowner sidewalk immunity case law. Residential land owners/homeowners are not liable for the failure to maintain their sidewalks in front of their home from natural…
Read MoreWhat Do You Need to Prove Negligence in New Jersey for a Car Accident, For a Slip and Fall, or Any Personal Injury Case?
Don’t Forget or Overlook the Basics STRUMEIER VS. LENARD In my earlier blog today we discussed the facts of this case and the need for expert testimony to prove certain aspects of the case in order to get to the jury and past a summary judgment motion. in this case the plaintiff fell in a…
Read MoreSlip and Fall – Do you need an expert? “If your mother does not understand who’s responsible, you need an expert!”
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Strumeier v. Lenard NJ Appellate Division December 1, 2016 The facts of this case are very straight forward. On October 6, 2011, Plaintiff fell after stepping into a hole located in the vicinity of the guide rail in front of 444 Harrison Avenue. Donald…
Read MorePIP Benefits Do Not Limit Medical Expense Recovery
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. The Law Division of the Superior Court of Cumberland County, New Jersey has recently ruled medical expenses exceeding Personal Injury Protection (“PIP”) coverage benefits are not limited and are recoverable in a law suit. In Angel Viruet, Jr. v. Fernando Maoine, the plaintiff was involved in…
Read MoreProve What Caused the Slip in Personal Injury Slip and Fall Cases!
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Anderson v. Stop and Shop Supermarket, N.J. Super. App. Div. (per curiam) (8 pp.) Following a slip and fall at defendant’s store, plaintiff filed a complaint seeking compensatory damages. After the completion of discovery, defendant moved for summary judgment, arguing that plaintiff could not prove that defendant…
Read MoreSlip and Fall Dismissal Due To Net Opinion | Anderocci v. Coach Inc.
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Plaintiffs’ case becomes another slip and fall dismissal due to their expert’s net opinion and no facts specifically identifying the hazardous condition on defendant’s property. Anderocci v. Coach Inc. In this case plaintiffs went to the Coach store located in the Short Hills Mall. While reaching…
Read MoreHoboken Train Crash Leaves at Least One Dead and Dozens Injured
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark HOBOKEN, N.J. — A commuter train crashed at a station in New Jersey during the Thursday morning rush, killing at least one person and injuring about 100 others, a number of them seriously, the authorities said. “There are fatalities,” said a senior transportation official who did…
Read MoreWhen and Why Expert Opinion is Needed in Negligence Cases
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Bomtempo v. Six Flags Great Adventure LLC, N.J. Super. App. Div. (September 2016). In this case plaintiff alleged to have been injured at Six Flags Great Adventure Amusement Park. Plaintiff ‘s attorney failed to obtain an expert to provide an ‘expert’ opinion addressing the alleged negligence…
Read MoreWhat You Need to Know to Successfully Bring a Slip and Fall Case Against a Public Entity
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark Brown v Parsippany Tsp. In this case the trial court dismissed a cause of action by plaintiffs after they failed to prove the existence of a dangerous condition on public property under the New Jersey Tort Claims Act. At the summary judgment level of the trial…
Read MoreWhat did my attorney do to get my case dismissed?
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. The second key part of this case (New Jersey Peek v Luo) is the attorney not knowing that he did not have the proper objective credible medical evidence during the discovery time period. The Importance of Objective Credible Medical Evidence In other words, why didn’t the…
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