Archive for November 2016
Accident on I-78 causes critical injury, delays traffic
Submitted by New Jersey Motor Vehicle Accident Lawyer, Jeffrey Hark WARREN TOWNSHIP — An accident on Saturday morning on Interstate 78 east of exit 36 has resulted in the critical injury of the driver and delayed traffic. The driver, who was a female, was air-lifted to Morristown Memorial Hospital in critical condition, according to the state…
Read MoreCan the Jury Be Told of a Defendant’s Municipal Court Guilty Finding in a Civil Court Jury Trial Opening?
Barnes v. Flannery. November 22, 2106 Appellate Division Decision. Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Often in personal injury cases defendants who caused the crash are charged with violation of the Title 39 Motor Vehicle Code. Long before any civil personal injury trial these defendants usually go to municipal court and either have…
Read MoreThe Inadvertence Requirement From the Plain-View Doctrine
State v. Xiomara Gonzales November 12, 2016 NJ Supreme Court Decision Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. Gonzales is one of two New Jersey Supreme Court decisions this week outlining a “Plainview doctrine” and the ability of the state to introduce evidence at the time of a suppression hearing or trial. This case…
Read MorePolice Plain View Doctrine in Your Home
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark. If the police are lawfully called to your home for a domestic violence investigation are they allowed to walk around and perform a “safety sweep” in order to secure their safety while conducting a domestic violence investigation/call? The resounding answer is no! In this case the appellate…
Read MoreWhat evidence was presented to the Grand Jury and what offenses was I indicted for???
Be aware of what you did and how the prosecutor’s office(s) has presented that information to the Grand Jury!! Submitted by New Jersey Drug Crime Lawyer, Jeffrey Hark. In this case the defendant was charged with numerous counts of possession and possession with intent to distribute CDS. He was involve in numerous undercover sales of…
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 MoreIntoxication – Not a Bar to Worker’s Compensation Benefits in New Jersey
Submitted by New Jersey Worker’s Compensation Lawyer, Jeffrey Hark. This morning New Jersey’s Appellate Division handed down a decision in Antonio Diaz v. National Retail Transportation, Inc., stating an employee can be entitled to Worker’s Compensation benefits even if the employee is intoxicated at the time of injury. In Diaz, a mechanic was injured on…
Read MoreRoute 287 South shuts down: Sleepy driver crashes one truck into another
Submitted by New Jersey Truck Crash Lawyer, Jeffrey Hark BRIDGEWATER — An overnight crash involving several tractor trailers and a sleepy driver impacted the morning commute on two major central New Jersey highways on Election Day. The local lanes of Route 287 southbound between Routes 78 and 202/206 in Bridgewater remain closed as of 6:30…
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 MoreLatest discussion of a defendant’s ability to withdraw Guilty Plea
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. Diaz. November 2, 2016 Several years ago the New Jersey Supreme court established a significantly greater burden when a defendant wants to withdraw his/her former guilty plea. Trial courts were required to advise defendants at the time of their plea that once the plea…
Read More