The actor and comedian Tracy Morgan was critically injured early on Saturday after the limousine bus in which he was riding was hit by a tractor-trailer in a six-vehicle accident on the New Jersey Turnpike, the State Police said. At least one person was killed in the crash, which occurred about 1 a.m., the State…
Attorneys have to have specific knowledge and skill of the Federal motor carrier safety regulations as well as the Federal passenger transportation regulation for commercial passenger vehicles. The knowledge and skill needed to handle these cases is very specific in addition to access to accident reconstruction professionals and experts to assist in determining the nature…
Submitted by Personal Injury Lawyer, Jeffrey Hark. Ortiz v. Bernal, decided June 2, 2014 by the Superior Court of New Jersey, Appellate Division, is a good opportunity for this blog to review some principles of tort cases, specifically slip-and-fall cases. In this case Ortiz, who had slipped and fallen at the Elegante Cafe in Camden,…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark One of the requirements for conducting a warrantless search is exigency, or to use another word, urgency. The leading case concerning exigency is State v. Pena-Flores in which the Jersey Supreme Court claimed that it was just reaffirming three decades of New Jersey common law which all…
Submitted by New Jersey DWI lawyer, Jeffrey Hark State v. Roger Paul Frye (A-30-12) (070975) Argued February 3, 2014 — Decided June 3, 2014 The Court considers whether a previous conviction for driving while intoxicated (DWI), N.J.S.A. 39:4-50, may serve to enhance the sentence for a subsequent conviction for refusal to submit to a breathalyzer…
Submitted by Criminal Defense Attorney, Jeffrey Hark. State v. Fereirra decided on May, 7 2014 was an appeal to the N.J. Superior Court, Appellate Division, that considered the balance between the probative value of evidence submitted and the prejudicial effect it has on the jury. By prejudicial effect what is meant is that some evidence…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark State v. R.W.H. was decided by the Superior Court of New Jersey, Appellate Division on December 13, 2013 and considered some of the factors that could deny a defendant a fair trial. The case concerned the Defendant, the estranged mother of their children, T.J., and her new…
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark There have been recent developments to New Jersey Harassment Statutes that all people with cell phones, computers and internet social media access should be aware of. As of January 1, 2014, N.J.S.A 2c:33.1 creates the Cyber Harassment Statute. Violation of the Statute takes place when someone uses…
Submitted by New Jersey Workers Compensation Lawyer, Jeffrey Hark 62-2-3970 Patel v. Showboat Casino, App. Div. (per curiam) (6 pp.) Petitioner appeals a perceived inadequate fee award to his counsel on a motion for medical and temporary disability benefits in the Division of Workers’ Compensation. Because the fee awarded was in accord with applicable law…
Submitted by Workers’ Compensation Attorney, Jeffrey Hark 62-2-3969 Parascandolo v. Dept. of Labor, et. al. , App. Div. (Espinosa, J.A.D.) (26 pp.) The appellant held two part-time jobs when she was temporarily disabled as a result of an injury at her employment by the Board of Education. She received temporary disability benefits (TDB) through her…