Personal Injury
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 MoreExpert 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and BERBICE PROPERTIES, LLC, v. CITY OF JERSEY CITY, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION (Unpublished Decision) Decided March 5, 2019 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark.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!…
Read MoreSLIP AND FALL IN A MULTIPLE DWELLING UNIT DURING A SNOW AND ICE STORM
CURTIS MCCANTS and CLARINE MCCANTS, v. MACK KENNEDY, ANNETTE KENNEDY, and CLEVON MCCANTS, Decided February 28, 2019 APPELLATE REVIEW OF THE TRIAL JUDGE’S DECISION TO GRANT SUMMARY JUDGEMENT Submitted by Personal Injury Lawyer, Jeffrey Hark. In reviewing the grant or denial of summary judgment, we apply the same standard which governs the trial court under Rule 4:46-2(c). Perrelli…
Read MoreIs 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…
Read MoreHow do I prove I suffered a permanent injury by way of credible competent medical evidence during discovery or at the time of trial?
KRZAK, v. FASO, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION Decided March 5, 2019 (Unreported Appellate Division Case) Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. There are several serious issues in this case. The first and foremost is one of credibility and being prepared. What is credibility in the personal injury setting?? It is having your client…
Read MoreWhy can’t I tell the jury “My car is TOTALED” as a result of the crash caused the defendant?
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark Kuzian v. Tomaszewski. New Jersey trial court decision Atlantic County February 19, 2019. Approved for publication In this case the plaintiff was asked on direct examination by his attorney whether his car was “totaled” as a result of the crash. The defense attorney objected to this…
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 MoreWhy 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…
Read More2019 What is a net opinion? Why can’t my expert testify in my case?
Philadelphia Contributionship vs. Ryan, Inc. New Jersey Appellate Division Unreported Decision decided January 9, 2019 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Facts: Defendant is a fuel oil company that provided fuel for the oil-fired furnace located in the home of David Munz. Defendant also serviced the furnace for many years. Approximately one month before December…
Read MoreI was involved in a crash and the judge just dismiss my case why? I can’t my family doctor provide an opinion about my injuries? He is the best position who knows me the longest!
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In New Jersey if you were involved in a motor vehicle crash and purchased “verbal threshold” or “limited tort” insurance coverage you have to prove by way of sufficient objective credible medical evidence that you suffer a permanent injury. This is true whether you are in…
Read More