Expert Reports Must Be Based on Facts Contained in the Record and Must Fall Within the Scope of The Expert’s Criteria

October 22, 2020

Salasevicius v. Cariddi Docket No.: A-4961-18T4 Decided October 21, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division reviewed a trial court’s dismissal of plaintiff’s personal injury complaint where he fell off a ladder working on defendant’s home, as he had failed to prove what caused the…

Personal Injury Case Regarding Overpass Low Clearance and Signage Immunity

October 2, 2020

Koehler v. Smith Docket No.: A-2414-18T4 Decided October 1, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division considered whether a private contractor was subject to traffic sign immunity when a bucket truck boom struck a low underpass that lacked low clearance signage causing injury to…

Personal Injury Case Involving Product Liability – Potentially Faulty Seatbelt

September 2, 2020

Reznik v. American Honda Motor Company Docket No.: A-5358-17T2 Decided September 1, 2020 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In a recent unpublished decision, the Appellate Division considered whether failure to timely produce a liability expert report was appropriate grounds for granted defendant’s summary judgment motion and ultimately dismissing plaintiff’s product’s liability…

Canine or Pet Inflicted Injuries To Third Parties: Freed v. Bastry

July 1, 2020

Freed v. Bastry: Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark Plaintiff’s and defendant’s dogs were playing with one another one day at a park, when suddenly, defendant’s dog ran into plaintiff while chasing plaintiff’s dog at an off-leash dog area. Defendants’ seven and one-half month-old puppy had not been spayed or neutered as…

Facebook and Privacy in Personal Injury Cases

April 29, 2020

Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Opposing party access to Facebook and social media accounts in litigation, especially in personal injury cases, is a very troubling reality for some plaintiffs.  A pair of court cases below cover the issue of what is necessary for an opposing party to gain full access to…

Estate of Gonzalez v. Jersey City

April 24, 2020

Appellate Docket No.: A-5751-17T2 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. In an unpublished opinion, the Appellate Division of New Jersey heard argument on the issue of a dismissed complaint brought against police who left a pedestrian at a scene where the pedestrian was later struck and killed by a car. In Gonzalez,…

Butler v. Rainey

March 24, 2020

Butler v. Rainey: Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Liberty Mutual Insurance Company and Wausau Underwriters Insurance Company (Defendants/Insurers) sought partial summary judgment in action over an automobile accident. Plaintiff asserted insurers issued a policy to her which included PIP benefits. The insurers argued New Jersey law required alternative dispute resolution for…

Punitive Damages 2020 in New Jersey. What facts do you need?

January 12, 2020

CIGNARELLA,   v.  FITNESS INTERNATIONAL, LLC, LEVIN PROPERTIES, and AMERICAN POOL ENTERPRISES, INC., NEW JERSEY POOL MANAGEMENT, LLC, d/b/a AMERICAN POOL MANAGEMENT,1 Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark Decided January 10, 2020 Summary : The key to this decision is the judge’s dismissal of the punitive damages count at the summary judgement stage prior to…

Personal Injury Law Firms through out the United States must hold funds from personal injury settlements or risk civil claims from the government regarding Unpaid Medicare Debts

January 10, 2020

If anyone doubts that Medicare is serious about recovering its lien, this should prove to be informative: Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. FOR IMMEDIATE RELEASE Wednesday, January 8, 2020 Philadelphia-Based Personal Injury Law Firm Agrees to Resolve Allegations of Unpaid Medicare Debts PHILADELPHIA – United States Attorney William M. McSwain announced…

Net Opinion — Summary Judgement and questions of fact

November 23, 2019

Issues:   Net Opinion      —  Summary Judgement and questions of fact Estate of Manotoa v. Ruggerio, N.J. Super. App. Div. Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark. Facts: On the evening of December 11, 2015, William Manotoa (decedent) sustained fatal injuries when he was struck by a vehicle driven by defendant Robert Ruggiero,…