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Monday, July 02, 2007

NJ Laws Newsletter E175 January 17, 2005

In this issue:

1. Superior Court in New Jersey
2- Nursing Home and Assisted Living Facility Liability for Injuries
3. NJSBA Municipal Court Practice Section meeting- Monday, January 25
4. Recent Cases- DWI can be affirmed on either observations or BAC tests


1. Superior Court in New Jersey

Details on the NJ Superior Court is set forth at http://www.judiciary.state.nj.us/trial.htm

Criminal, civil and family cases are heard in the trial courts. Criminal cases are those in which a defendant stands accused of a serious crime, such as assault, theft, robbery, fraud, or murder. Approximately 50,000 criminal cases are heard in the Criminal Division of Superior Court each year.

Most civil cases that are heard in the Superior Court involve disputes in which a plaintiff claims that he or she has been hurt by the actions of the defendant and seeks monetary compensation. Examples of such cases are those involving automobile accidents, medical malpractice, breaches of contracts and landlord tenant disputes.

Civil cases in which the amounts in controversy exceeds $15,000 are heard in the Civil Division of Superior Court. Cases in which the amounts in controversy are between $3,000 and $15,000 are heard in the Special Civil Part of the Civil Division. Those in which the amounts in controversy are less than $3,000 also are heard in the Special Civil Part and are known as small claims cases. In all, about 560,000 cases are heard in the Civil Division and Special Civil Part.

Civil cases in which monetary damages are not being sought are heard in the General Equity Division of Superior Court. General Equity judges handle non-jury cases such as those involving trade secrets, labor matters, foreclosures and other disputes in which court relief, often in the form of restraining orders, is sought on an emergency basis. Our website www.njlaws.com provides details on criminal and other cases in Superior Court.

Family related cases, such as those involving divorce, domestic violence, juvenile delinquency, child support, foster-care placements and termination of parental rights, are heard in the Family Division of Superior Court. About 350,000 cases are handled by the Family Division each year.

Filing of Civil Complaint

The following are details on Civil cases in Superior Court, Law Division. Procedurally, the following events occur in most civil cases. First, your Attorney must complete the investigation and research the possible causes of action. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we may commence negotiations with the opposition for a settlement. If the opposition will not make an adequate offer, then a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a Summons and have the defendants personally served with the Summons and Complaint. The defendant, must file an "Answer" within 35 days.
More information at our new website article at http://www.njlaws.com/superior_court_in_NJ.htm

2- Nursing Home and Assisted Living Facility Liability for Injuries
The law imposes upon the owner of a nursing home, assisted living facility and any medical facility the duty to properly care for its residents. The owners must make the premises reasonably safe for residents. In other words, the law says that the owner of a nursing home or assisted living facility must exercise reasonable care to see to it that residents are protected from neglect. The concept of reasonable care requires the owner of nursing home, assisted living facility to take action with regard to conditions and protect residents from dangerous conditions. In addition to protecting residents from neglect, if there was a condition of hallways or sidewalk that was dangerous in that it created an unreasonable risk of harm for residents, and if the owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time, then the owner is negligent.

If someone was injured in the nursing home, a question of negligent and proximate cause must be answered.

What is the negligence of the nursing home?

Was the negligence the proximate cause of the injury?

In addition to fall downs, if a person is injured based on negligent "care" by a nursing home, assisted living facility, they also could be liable for damages. More information on our new website article at :http://www.njlaws.com/nursing_home_and_assisted_living_facility_liability.htm
Other New articles this week on website:
Judgment by Default in Civil Cases

Trial of a Criminal Case in New Jersey

3. Upcoming events:
NJSBA Municipal Court Practice Section meeting-
Date: Monday, January 25
Time: 4:00-6:00 p.m.
Location: NJ Law Center One Constitution Square New Brunswick, NJ
Speaker: Judge Anthony Frasca- Presiding Judge, Essex County

Middlesex County Bar Association, Municipal Court Practice Committee
Meeting: January 31 5:30 at my new office in Edison. Speaker:
Des Abazia, Middlesex County Bar President

4. Recent Cases- DWI can be affirmed on either observations or BAC tests State v. Hennessy ___ NJ Super. ____ Appellate Division A-686-03T3, August 24, 2004 [unreported]
Conviction for driving while Conviction of driving while intoxicated affirmed; there was sufficient probable cause to arrest the defendant based on his erratic driving, the smell of alcohol on his breath, his slurred speech, his "unstable motions," his admission that he had been drinking, and his "less-than-perfect performance" on some of the sobriety tests; furthermore, while the test of sample ampoules on the Breathalyzer may not have strictly adhered to the State Police standards and protocols, the deviation was not sufficient to preclude the admission of the Breathalyzer test results as a matter of law. [unreported] Source: NJ Lawyer Facts-on-Call Order No. 17009.
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
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