Posts Tagged ‘burden of proof’
Slip and Fall Cases – Dismissed Again
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…
Read MoreI fell and injured myself in a subsidized housing authority facility! What do I have to prove to win my case? What is the Tort Claims Act? What do I need to over come that burden of proof?
Spentz v. NEWARK HOUSING AUTHORITY , Appellate Division: Essex County, Docket No. L-0483-15. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In this case the plaintiff was injured when she fell through a hole in the floor of her apartment where she ad lived for an extended period of time. She was taken to the hospital, complaining of knee…
Read MoreWhat do the police need to tell a judge in order to get a Search Warrant of my house?
How can the police come in a search my house and a judge issue a warrant?? What is the process to get a search warrant of my home? Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. The foundation argument is that: “A search that is executed pursuant to a warrant is “presumptively valid,” and a…
Read MoreKnowing, Intelligent and Voluntary
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Previously a blog concerning urbina case discussed what constitutes the crime of aggravated manslaughter and the defense of self-defense. Today’s blog will explain waiver of a defense of self-defense, and briefly discuss the process of appeal after a plea agreement. As discussed in the last blog, the basic…
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 MoreBurden of Proof and Summary Judgment Dismissal – Real Estate Transaction
Submitted by New Jersey Civil Lawyer, Jeffrey Hark 34-2-5430 D’Agostino v. Gesher LLC, App. Div. (per curiam) (19 pp.) In this action plaintiff is making a claim against the selling (defendant’s) bank’s broker and attorneys – alleging they interfered with plaintiff’s opportunity to enter into a contract to purchase property, The Law Division’s orders dismissing…
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