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…
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…
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…
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…
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…
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…
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…
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…
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…
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…
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New Jersey Survivors Justice Act: Sentencing Reform for Abuse Victims
Submitted by New Jersey Criminal Lawyer, Jeffrey Hark In January 2026, New Jersey Governor Phil Murphy signed into law a pair of bills known as the Survivors Justice Act (S-4870/A-5968 and S-4871/A-5969). This landmark legislation, championed by Senator Angela V. McKnight, Senator M. Teresa Ruiz, and other lawmakers, amends the state’s criminal code to allow courts…