Archive for February 2016
Appellate Division Standard of Review of a Trial Court’s Decision
State vs. Webb Appellate Division February 12, 2016 Submitted by New Jersey Criminal Defense Attorney, Jeffrey Hark. IN this blog we review, again, the Appellate Division’s scope and Standard of Review of a trial court’s decision. These are bedrock fundamental concepts that need to be taken into consideration when you are actually at trial listening…
Read MoreDefinition of “Significant” Injury in an Assault Case
State vs. Regan Definition of “significant” Injury in an Assault Case — temporary loss of any bodily member or organ or ‘temporary loss of any one of the five senses.” Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. In this case there was a question of fact regarding what this individual defendant did to cause…
Read MoreProsecutorial Misconduct Can Be a Ground for Reversal
Prosecutorial misconduct can be a ground for reversal where the prosecutor’s misconduct was so egregious that it deprived the defendant of a fair trial. State vs. Regan Appellate Division February 9, 2016 Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. This case was won and or lost by the prosecutor based on several witness’ testimony…
Read MoreWorkers Compensation Judge’s Findings | Permanent Partial Disability Award | Mesgleski vs. Spes Company
Mesgleski vs. Spes Company February 20, 2016 Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Deference to the Workers Compensation Judge’s Decision making process was also outlined in this case. The court reiterated, as I have in many other cases the Appellate Court’s “reviewability” of the that trial court’s judge’s a) examination of…
Read MoreAppellate Court’s Scope of Review of the Compensation Court’s Decision | Mesgleski vs. Spes Company
Mesgleski vs. Spes Company February 20, 2016 Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. In this case the Comp judge made finds of fact and determinations of credibility of the doctors who testified as well as the petitioner. This petitioner filed an initial claim in 1992 and then filed a series of…
Read MoreJudge Reject’s Employer’s Routine Incursions into a Petitioner’s Unrelated Prior Medical History!
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark. Todaro v. Gloucester County Department of Corrections Decided February 6, 2016 Appellate Division affirmation of Decision of the Workers Compensation Court decision. This is a very important case issued by the Supervisory Judge of the Camden Vicinage of New Jersey’s Workers Compensation Court. The issue addresses an employer’s entitlement…
Read More1 killed, 6 injured in school bus crash
Submitted by New Jersey School Bus Accident Lawyer, Jeffrey Hark FAIRFIELD TOWNSHIP, N.J. — State police are investigating a fatal crash that killed a motorist and injured four students, a school bus driver and a school bus aide here last week. Based on the preliminary investigation, at 7:42 a.m., Larry Waller was traveling westbound on…
Read MoreLegal Malpractice and Requisite PIP (Personal Injury Protection) Coverage
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. 04-2-9082 Neiman v. USAA Casualty Ins. Co ., Plaintiff was struck by a car while crossing the street two weeks after he had permanently relocated from Arizona to New Jersey. He owned two automobiles that were “garaged” and “operated” in New Jersey prior to the accident. Plaintiff had then…
Read MoreNeiman vs. USAA Casualty: First party Personal Injury Protection (PIP) Medical Coverage
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. The requirements of maintaining car insurance on a vehicle ‘principally’ garaged in New Jersey is found as follows: NJSA 39:6A-3. If you own a var that is ‘principally’ garaged in New Jersey, whether you moved here a week ago, or 59 days ago, or just bought…
Read MoreMotorist killed in school bus crash ‘a great son’
Submitted by New Jersey School Bus Accident Lawyer, Jeffrey Hark The bang outside her home sounded like thunder. When Janet Hickman looked out, she saw a school bus tipped over on its side, with children sliding out its back door, and one girl limping and crying. The vehicle that struck the bus had smoke coming…
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