Personal Injury
Gibbs vs. Camillo: Measuring the Value of Pain and Suffering, Disability, Impairment, Loss of Enjoyment of Life
LINDA GIBBS, ET AL. VS. VIJAY CAMILLO, ET AL. (L-6496-09, MIDDLESEX COUNTY AND STATEWIDE) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Evidence Issue: Should the jury be allowed to see the medical records from the doctor’s who testified at the time of trial? In this case, which a jury returned a personal injury…
Read MoreTORTS | PREMISES LIABILITY | PERSONAL INJURY
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. 36-2-7498 Wierzbowski v. Sam’s East, Inc., App. Div. Issue: Did Sam’s Club Have Notice of a dangerous condition on their commercial property? Decision: Plaintiff failed to meet his evidentiary burden of proof at the Summary Judgement stage providing facts to support his claim regardless of the fact…
Read MoreDenial of Defendant’s Motion for Remittitur and Motion for a New Trial
Submitted by Personal Injury lawyer, Jeffrey Hark MICKENS VS. MISDOM The issue in this case is the Judge’s denial of defendant’s Motion for Remittitur and Motion for a New Trial as a result of the significant high jury verdict. The judge denied the defendant’s motion and the Appellate Division affirmed the trial court’s deal based…
Read MorePersonal Injury at Little League Game | Torts
Submitted by personal injury attorney, Jeffrey Hark 36-2-5117 Brigante v. Tenafly Board of Education, App. Div. (per curiam) (10 pp.) In this Title 59 matter, plaintiff Linda Brigante appeals from the entry of summary judgment dismissing her complaint against defendant Tenafly Board of Education. Plaintiff went to Tenafly High School to watch her son’s baseball game. As she sat…
Read MorePersonal Injury Case Involoving Preexisting Conditions
Case Review of Bascope v. Kovac, submitted by personal injury attorney, Jeffrey Hark. In this case the issue arose at the time of trial when the plaintiff asked the court to give the jury the aggravation of pre-existing condition jury charge. The court denied plaintiff’s request and the jury returned a verdict of no cause.…
Read MoreAs Safety Concerns Grow, More States Ban Use of a Guardrail Unit
Submitted by Personal Injury Attorney, Jeffrey Hark Originally posted here by the New York Times. Concern over the safety of guardrails manufactured by Trinity Industries spread further on Wednesday as two more states said they would ban the use of the company’s ET-Plus rail head, which is thought to have a dangerous defect. A day…
Read MoreGuardrail Maker Trinity Industries Liable for Fraud in Texas Guardrail Maker Trinity Industries Liable for Fraud in Texas
Submitted by Jeffrey Hark, Personal Injury Lawyer Originally published by the New York Times here. Trinity Industries, the highway guardrail maker accused of selling systems that can malfunction during crashes and slice through cars, was found by a jury on Monday to have defrauded the federal government. The case was brought under the False Claims…
Read MoreHighway Guardrail May Be Deadly, States Say
Submitted by Personal Injury lawyer, Jeffrey Hark. Originally published here by the New York Times. The guardrail that Darius Williams’s car struck in February should have curled safely away. Instead, it became a spear. By last month, state transportation officials in Missouri said they had seen enough. Federal highway officials had long insisted that guardrails…
Read MoreLay and Expert Testimony When Deciding Damages
Submitted by New Jersey Personal Injury Attorney, Jeffrey Hark This blog discusses Ghee v. Marten Transport Ltd., decided by the United States Court of Appeals for The Third Circuit and filed on June 25, 2014. It was an appeal of the denial of a motion seeking either a new trial or a remittitur. A remittitur…
Read MoreAggravation of a Preexisting Condition and Medical Expert Testimony | Yavuz v. Drury
Aggravated Preexisting Condition Award Requires Reasonable Medical Probability Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark 36-2-3756 Yavuz v. Drury, App. Div. A jury awarded plaintiff Bulent Yavuz $30,000 and plaintiff Samiye Gulderen Yavuz $80,000 in damages. Aggravation of a Preexisting Condition Defendants had conceded liability and the matter was tried on the issue…
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