Injuries While Attending Social Events or Recreational Activities Organized by Your Employer Will Not Be Compensable Unless the Attendance Was Required

June 9, 2021

Regalado v. F&B Garage Door Docket No. A-0083-20 Decided June 8, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the New Jersey Appellate Division reviewed whether an injury that occurred while an employee attended holiday party was compensable. In Regalado, Respondent sells and installs residential garage doors. The business…

Does a Parent Hosting a Birthday Party Have Authority to Sign a Waiver on Behalf of Other Parents?

May 13, 2021

Gayles v. Sky Zone Docket No. A-3519-19 Decided May 12, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent published decision the Appellate Division reviewed whether a parent hosting a party at Sky Zone had apparent authority to sign a waiver on behalf of other parents dropping off their children for the…

$117 million Verdict Overturned in Johnson and Johnson Talcum Powder Personal Injury Case

May 5, 2021

Lanzo v. Johnson & Johnson Docket No.: A-5711-17 Decided April 28, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent published decision, the Appellate Division overturned a jury verdict in the amount of $117 million, remanding for a new trial, for discovery errors made by the judge in including certain unreliable expert…

Pretrial Motions Can Often Make or Break A Case, As It Sets the Pathway to Recovery for Plaintiff

April 16, 2021

Hassan v. Williams Docket No.: A-3336-18 Decided April 13, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed a trial court’s evidentiary rulings in a tractor trailer crash in which the Court found no cause for Plaintiff, dismissing the complaint with no recovery. In Hassan, Plaintiff…

Injured Plaintiff May Have A Disadvantage in Arbitration Versus Court

April 1, 2021

Lawrence v. Sky Zone Docket No. A-3092 Decided March 30, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision the Appellate Division reviewed whether an arbitration clause in a release agreement at Sky Zone signed by the plaintiff was enforceable and therefore, a jury trial would be waived and plaintiff…

For Motor Vehicle Accidents, UIM Coverage May Be Available If the UIM Policy Exceeds That of The Other Driver, Known as The Tort Feasor.

March 26, 2021

Wilson v. Ortiz-Ponce Docket No.: A-0316-19 Decided March 25, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division ruled a plaintiff cannot collect on her $100,000 Underinsured Motorist Coverage (UIM) when the defendant’s $100,000 had to be split with multiple injured plaintiff’s. In Wilson, plaintiff Shirley Wilson’s…

If A Defendant Creates the Hazard That Caused Your Injury, They Will Usually Be Liable for Damages

March 19, 2021

Seeley v. Caesars Entertainment Docket No.: A-2125-19 Decided March 18, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reversed the trial court on the issue of whether a wet bathroom floor causing a slip and fall and injury to the plaintiff was the fault of the…

Does Driving A Car While the Owner Is Away Allow for Liability Coverage After an Accident?

March 5, 2021

Rodnea Coleman v. Sheavonra Adderley, et al. Docket No.: A-2104-18 Decided March 4, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reversed the trial court on the issue of whether someone driving a car that was left at their house while the owner was away constituted…

NJ TRANSIT SUBJECT TO COMMON CARRIER LIABILITY

February 18, 2021

Anasia Maison v. New Jersey Transit Corporation A-34/35-19 Decided February 17, 2021 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent decision, the New Jersey Supreme Court reviewed whether public common carriers such as NJ Transit is subject to the heightened duty of care standard governing private common carriers for personal injury suits.…

Deposition of Personal Injury Experts Only Requires Reasonable Fees

December 11, 2020

Jusino v. Lapenta, 442 N.J. Super. 248 (N.J. Super. Law. Div. 2014) December 10, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a published decision, Judge James Savio, J.S.C., issued a decision regarding fees experts can charge the party taking their deposition in personal injury matters. In Jusino, plaintiff was operating a…