Does a New Jersey property owner have a duty to protect a person who was the victim of a drive by shooting who had no intention of entering the defendants’ property and entered the property after he was shot! The short answer is NO!

December 31, 2018

NAJEE PASCHALL,  v. NORFOLK SQUARE APARTMENTS and WINGATE MANAGEMENT COMPANY, LLC, SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2621-17T2 —— Argued December 5, 2018 – Decided December 28, 2018 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Issue:  Does a property owner have a duty to protect a person who was the victim of a drive by shooting…

Claims being made against any public entity in New Jersey

December 29, 2018

THE COURT MUST REVIEW THE TORT CLAIMS ACT MANDATORY LANGUAGE REGARDING INJURIES AND THE CASE LAW INTERPRETING THE STATUTE. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. “[I]n order to vault the pain and suffering threshold under the [TCA], a plaintiff must satisfy a two-pronged standard by proving (1) an objective permanent injury, and…

CAN I SUE NEW JERSEY TRANSIT?

December 29, 2018

WHAT TYPE OF INJURY MUST I HAVE TO GET TO A JURY? HOW TO GET PAST A MOTION FOR SUMMARY JUDGEMENT! WHY DID THE JUDGE DISMISS MY CASE AND NOT LET ME GET TO A JURY?  I WAS STRUCK BY A NEW JERSEY TRANSIT BUS! TYRONE BEATTY, v. MICHAEL BRESCHARD and NEW JERSEY TRANSIT CORPORATION, SUPERIOR COURT…

Should I go to trial? How will my case appear to a jury ? O’Connell v. Khiani , N.J. Super. App. Div.

December 24, 2018

O’Connell v. Khiani , N.J. Super. App. Div.   Appeal for trial decision in Middlesex County, New Jersey. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark This is a case of believability and credibility.  Based on the specific facts outlined below, and the steps taken by the defense attorney, the jury was asked, essentially, “Do…

Can I sue for anything? What are the limits of bringing a law suit in New Jersey?

December 16, 2018

Dean v. Harrah’s Casino  Decided December 13, 2018  New Jersey Appellate Division Unreported Decision  Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark This is a great case to review to learn what a plaintiff’s attorney must do in order to first establish s/he has the facts and law on his side to bring a law…

The use of photographs of the time of trial. What about the lack of photographs at the time of the trial?

October 26, 2018

Abdurraheem v. Koch. Atlantic County Law Division  L-2160-16. Approved for publication October 23, 2018 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In this case the court created a modified jury charge outlining the contradictory testimony regarding damage to a vehicle. The interesting part of this case is the fact that there are no…

Rule 4:11 and Personal Injury

October 26, 2018

Liberty mutual insurance company v.   Borgata Hotel Casino and spa. New Jersey law division docket L – 1461- 16 approve for publication October 23, 2018. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Rule 4:11 Limits Its Use to Circumstances Where There’s A Genuine Risk the Testimony or Evidence In this case a person…

If I am driving a car with airbags and they do not go off as a result of a crash can the insurance company use that fact against me if I sue for my injuries?

October 26, 2018

If I am driving a car with airbags and they do not go off as a result of a crash can the insurance company use that fact against me if I sue for my injuries?  If the airbags did not go off does that mean there was not “serious impact “? Submitted by New Jersey…

I tripped and fell on a sidewalk at my local neighborhood town. I want to sue. What are the requirements?

October 19, 2018

Submitted by New Jersey Slip and Fall Attorney, Jeffrey Hark I was walking down the street in my local neighborhood towards a restaurant and I was tripped and fell on a displaced sidewalk and or curb that was located in front of the municipal school, library, Police, public building. I broke my wrist and needed…

Condo Association Liability in Snowstorms: Sidewalk Slip and Fall

October 2, 2018

Submitted by New Jersey Slip and Fall Lawyer, Jeffrey Hark. Here is another case where a business invitee comes to a property and is injured. The question in this case was whether or not the condo association had a duty to clear a sidewalk for pedestrians and invitees in the middle of a snowstorm. The…