SLIP AND FALL IN A MULTIPLE DWELLING UNIT DURING A SNOW AND ICE STORM

March 7, 2019

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…

Is the defense doctor’s use of the words “symptom magnifier”, “somatization” and “malingerer” allowed in New Jersey personal injury actions after this decision?

March 7, 2019

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…

How do I prove I suffered a permanent injury by way of credible competent medical evidence during discovery or at the time of trial?

March 7, 2019

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…

Why can’t I tell the jury “My car is TOTALED” as a result of the crash caused the defendant?

February 24, 2019

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…

I 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?

February 17, 2019

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…

I 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!

January 9, 2019

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…

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…

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…