Wean v. U.S. Home Corp. – Proximate Causation in Mold Exposure

Appellate Docket No.: A-5521-17T3 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of an proximate causation in relation to mold exposure. In Wean v. U.S. Home Corp., the Plaintiff bought a townhome. Prior to closing on the townhome, Plaintiff…

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Fight at work may be covered by workers compensation.

F.K. v. Integrity House Inc. Superior Court Of New Jersey Appellate Division July 8, 2019 (Approved For Publication) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Plaintiff F.K. appeals the trial court’s order granting summary judgment to Integrity House and dismissing his complaint with prejudice. The trial court determined the defendant was entitled to…

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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.”

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and BERBICE PROPERTIES, LLC, v.  CITY OF JERSEY CITY, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION  (Unpublished Decision) Decided March 5, 2019 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark.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!…

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

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…

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Why was my case dismissed?? I’m really injured but the court did not believe my doctor!

The Dr’s Testimony was barred, and properly so, because his opinion concerning permanency was not based on objective clinical evidence as required under N.J.S.A. 39:6A HECTOR REYES, Plaintiff-Appellant, v.  JOHN STANLEY,  NJ Appellate Division January 19, 2019 Atlantic County Appeal  Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Facts: Plaintiff filed a complaint alleging he suffered personal…

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Drywall Injury – Subcontractor Injuries and Liability

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. This is another case involving the absolutely necessity to invest and find the best expert for your individual cases. An expert who knows what his specific area of expertise and professional obligations are, where to find proof of negligence in the safety regulations, and how to…

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TORTS | 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…

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