Burden of Proof in Tort Claims – submitted by New Jersey Civil Law Attorney, Jeffrey Hark Ramon Soberal V. City of Millville Department of Parks & Public Property The subject matter of this blog is the burden of proof against a public entity under the New Jersey Tort Claims Act (Title 59). In this case…
Submitted by Personal Injury Attorney, Jeffrey Hark Originally posted here by the New York Times. Concern over the safety of guardrails manufactured by Trinity Industries spread further on Wednesday as two more states said they would ban the use of the company’s ET-Plus rail head, which is thought to have a dangerous defect. A day…
Submitted by Jeffrey Hark, Personal Injury Lawyer Originally published by the New York Times here. Trinity Industries, the highway guardrail maker accused of selling systems that can malfunction during crashes and slice through cars, was found by a jury on Monday to have defrauded the federal government. The case was brought under the False Claims…
Submitted by Personal Injury lawyer, Jeffrey Hark. Originally published here by the New York Times. The guardrail that Darius Williams’s car struck in February should have curled safely away. Instead, it became a spear. By last month, state transportation officials in Missouri said they had seen enough. Federal highway officials had long insisted that guardrails…
Submitted by personal injury lawyer, Jeffrey Hark Personal Injury and Summary Judgement 36-2-4472 Soberal v. City of Millville , App. Div. (per curiam) (10 pp.) Plaintiff filed this personal injury negligence action after he was injured when, while walking in a city park, his leg went into a hole that had been hidden by grass…
Submitted by personal injury attorney, Jeffrey Hark. 36-2-4735 Ramirez v. Matawan Borough, App. Div. (per curiam) (7 pp.) Plaintiff Natasha Ramirez, an incapacitated person, through her guardian Chiara Zannino, appeals the Law Division order denying her motion for leave to file a late notice of claim pursuant to the New Jersey Tort Claims Act (TCA)…
Submitted by New Jersey Personal Injury Attorney, Jeffrey Hark This blog discusses Ghee v. Marten Transport Ltd., decided by the United States Court of Appeals for The Third Circuit and filed on June 25, 2014. It was an appeal of the denial of a motion seeking either a new trial or a remittitur. A remittitur…
36-2-4170 Bass v. County of Middlesex, App. Div. (per curiam) (9 pp.) Submitted by New Jersey Personal Injury Attorney, Jeffrey Hark Plaintiff Dion Bass appeals from the Law Division’s order that denied his motion for leave to file a late notice of claim pursuant to the New Jersey Tort Claims Act (TCA), against defendant, the…
Aggravated Preexisting Condition Award Requires Reasonable Medical Probability Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark 36-2-3756 Yavuz v. Drury, App. Div. A jury awarded plaintiff Bulent Yavuz $30,000 and plaintiff Samiye Gulderen Yavuz $80,000 in damages. Aggravation of a Preexisting Condition Defendants had conceded liability and the matter was tried on the issue…
Submitted by New Jersey Personal Injury Lawyer, Jeffrey Hark A slip-and-fall is the classic personal injury scenario. A customer walks into a restaurant, doesn’t see a wet spot on the floor and hurts themselves. That is exactly what happened in Prioleau v. Kentucky Fried Chicken, Inc., et al. which was decided by the Superior Court…
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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…