2053 Woodbridge Avenue - Edison, NJ 08817

Monday, July 02, 2007

NJ Laws Newsletter E180 March 12, 2005

In this issue:

1. Liability of Owner of Commercial Property for failure to clear Snow and Ice Accumulation and Other Dangerous Conditions on Abutting Sidewalks and customer parking areas
2. Back Injuries in car Accidents
3. Police cannot automatically search passenger compartment after arrest.
4. Wills, The New Probate Law, Probate & Elder Law- Monday, March 14, 2005
5. Municipal Court Seminar April 7, 2005

1. Liability of Owner of Commercial Property for failure to clear Snow and Ice Accumulation and Other Dangerous Conditions on Abutting Sidewalks and customer parking areas
The law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that the sidewalks abutting the property are reasonably safe for members of the public who are using them. In other words, the law says that the owner of commercial property must exercise reasonable care to see to it that the condition of the abutting sidewalk is reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.
If there was a condition of this sidewalk that was dangerous in that it created an unreasonable risk of harm for pedestrians, 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 thereafter as a reasonably prudent commercial or business owner would have done under the circumstances, then the owner is negligent.

If You Are In A Slip & Fall Accident, We Can Help

Next to car accidents, the most common type of accident is a slip and fall. If you are hurt in a slip and fall accident, you have rights, including the right to compensation for your injuries. You may have this right even if you are partly at fault for the accident.

If you are injured in a slip and fall accident, please call us. We have helped many victims of slip and fall accidents recover the maximum compensation for their injuries and losses, and we can help you. Call promptly, as the time right after the accident can be vital to your claim.

2. Back Injuries in car Accidents
Persons who are in car accidents or fall down often do not feel pain in their back until the next day. Testing for back injuries could include: muscle conduction tests, MRI, CT scan, and X-ray. A person concerned about a knee injury should probably consult an orthopedic doctor who can order and read most of the above tests.
Even in a low impact accident, there can be a back injury. According to medical journal excerpts:

1) "The truth is that all driving can be dangerous. More than 80 percent of all car crashes occur at speeds less than 40 mph. Fatalities involving non-belted occupants of cars have been recorded at as low as 12 mph. That's about the speed you'd be driving in a parking lot."
Seat belt safety pamphlet, number D)T HS 802 152, distributed by the U.S. Department of Transportation, National Highway Traffic Safety Administration.

2) "The amount of damage to the automobile bears little relation to the force applied to the cervical spine of the occupants. The acceleration of the occupant's head depends on the force imparted, the moment of inertia of the struck vehicle, and the amount of collapse of force dissemination by the crumpling of the vehicle. The inertia of the struck vehicle is related to the weight and the relative ease with which the vehicle rolls or moves forward."
Charles Caroll, M.D., Paul McAfee, M.D., Lee Riley, Jr., M.D.: Objective findings for diagnosis of "whiplash". Journal of Musculoskeletal Medicine, March, 1986, pp. 57-74.

3) "The accident does not need to be severe in order to generate cervical trauma. Using the brakes when the light suddenly turns red and when the neck is too relaxed is enough to cause trauma.
The neck may projected backwards even though not violently. The head, which weighs five kilograms and is balanced over the cervical spine, being supported by only two small articular surfaces no greater than a thumbnail, is also thrown backwards pulling the cervical spine with it. In addition, a sudden reflex contraction of the flexors on the neck occurs with a certain delay. We shall not describe all the details of the mechanism of the production of these whiplash injuries..."

It is easy to imagine that the joint injuries are not the same if during a collision, or any other accident, the head is directed along the axis of the impact or if the head is rotated or if the impact is directed laterally. In the final analysis, it is the result of the injury which is important."
Robert Maigne, M.D., Orthopedic Medicine - A New Approach to Vertebral Manipulations, CC. Thomas, 1972, p. 196.

4) "The position of the head at the moment of collision influences the type of injury. This is particularly true of the degree of rotation in relationship to the direction of the impact...the foramen are open equally when the head faces forward but are narrowed on the side toward which the head is laterally flexed or to which the head is turned. Not only will the already narrowed foramen be compressed ligaments will be far more damaging. Rotating the head at the time of collision increases the possibility of more serious injury."
Rene Cailliet, M.D., Neck and Arm Pain, 1972, Davis Company, p. 69.
See our new website article: Back Injuries in Accidents
3. Police cannot automatically search passenger compartment after arrest. State v. Eckel 373 NJ Super. ___ (App. Div. 2004).
Resolving the question left open in State v. Pierce, 136 N.J. 184, 208 (1994), the court held that the "bright line" rule of New York v. Belton, 453 U.S. 454, 460, 101 S.Ct. 2860, 2864, 69 L. Ed.2d 768, 775 (1981), permitting a search of the passenger compartment of an automobile and all containers within it incident to the arrest of an occupant of the automobile, even when the occupants are outside of the vehicle and in police custody, does not represent the law of New Jersey under the greater protections afforded by our state constitution. Note- this Opinion may be stayed, pending appeal by the Attorney General.

... Cynthia Vercammen Birthday Party - Canceled until April ?

4. Wills, The New Probate Law, Probate & Elder Law- Monday, March 14, 2005
New Probate Law Effective March, 2005!

WHERE: Edison High School Community Adult Education

WHEN: 7 - 8:30 P.M.

SPEAKER: Kenneth Vercammen, Esq. (Author- Answers to Questions About Probate)
Main Topics:
1. Wills 8. Federal Estate Tax/Capital Gains
2. Revocable Trusts 9. Home Equity Loans/Reverse Mortgage
Irrevocable Trusts 10. Administering the Estate
3. Power of Attorney 11. How to Hire an Elder Law Estate Planning
4. Living Will Attorney
5. Letters of Instruction 12. Question and Answer
6. Estate Planning
7. Federal HIPAA Regulations on release of medical info

COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts.
Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law. For more information on Elder law, visit the Website www.njlaws.com. You can also subscribe to the free email Elder Law newsletter by visiting the website, or sending an email to Kenv@njlaws.com.

EDISON HIGH SCHOOL, Room 193, 50 Blvd. of Eagles, Edison, NJ
732-452-4574 John Russell, Director
$25 registration fee required by adult school for all others. Call the Adult Education Office for registration information 732-452-4574
-Free for Edison Seniors who pre register
5. Municipal Court Seminar April 7, 2005 - 5:30 PM to 9:30 PM
Clarion Hotel, Edison
Presented in cooperation with the NJSBA Municipal Court Section

Speakers include:
Municipal Court Judge (Manasquan, Asbury Park, Eatontown, Brielle, Shrewsbury Twp, Deal, Neptune City, Fair Haven, Lake Como [South Belmar]

Chief Prosecutor (Elizabeth)
Assistant Prosecutor (Woodbridge)
Murgado & Carroll (Elizabeth)

Past Chair, NJSBA Municipal Court Section
Kenneth Vercammen & Associates (Edison)

Brigiani, Cohen & Schneider
Past President, Middlesex County Bar Association (East Brunswick)

Moore & Menzel (Point Pleasant)

This “nuts and bolts” guide to municipal court practice and procedure will prepare attorneys to represent clients in all types of cases that are heard in municipal court. An authoritative panel of experienced attorneys will be joined by a Municipal Court Judge to delve into a wide variety of matters that you are likely to encounter in Municipal Court.
• New laws and pending legislation
• Drunk driving (DWI)-State v. Foley and the Alcotest 7110 breath test machine
• License suspension
• Plea agreements in drug cases
• Driving while suspended
• Increased refusal penalties
• Assault
• Defenses to no-insurance cases
• How to impress the Court and not annoy the Court staff
• Forms motions and demand letters
• Criminal case law developments during the past year
• The rules of Professional Conduct-retainer agreements and professionalism
…and more

Tuition includes dinner and seminar materials.

• Trial Attorney Certification: 3.75 criminal credits pending
• PA CLE: 3.0 substantive and 0.5 ethics credits pending ($16 fee – separate check payable to ICLE must be submitted at the end of the program)
• NY CLE (Transitional): 4.0 professional practice and 0.5 ethics credits
Pre-registration $129*


New Jersey Institute for Continuing Legal Education
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383
Email: customerservice@njicle.com
Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
PHONE 732-572-0500 (Fax) 732-572-0030
website: www.njlaws.com
"Celebrating 20 years of providing excellent service to clients 1985-2005"

Free T- shirts and car coffee holders to all current and past clients. Please come into office.
Editor's Note and Disclaimer: All materials Copyright 2005. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
Always schedule an office appointment with an experienced attorney when you have a legal matter. The Rules of Court limit an attorney's ability to discuss matters over the phone. If you have legal questions, you should schedule an in- office consultation.