In this issue:
1 CONSTRUCTION SITE ACCIDENTS- WORKERS' COMPENSATION and INJURIES ON JOB SITES; BASIC RIGHTS AND OBLIGATIONS
2. Recent cases- DV order not permitted if no intent to annoy or harass.
3. Court can object to DWI dismissal
4. Elective share of surviving spouse
5. Discovery and Police Records in Criminal cases
6. OxyContin, Percodan, Percocet, and Tylox- controlled, illegal Schedule II Narcotic
7. FREEZING COLD HASH 4 mile run - Sat. Jan. 8, 2005
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1 CONSTRUCTION SITE ACCIDENTS- WORKERS' COMPENSATION and INJURIES ON JOB SITES; BASIC RIGHTS AND OBLIGATIONS
No one plans on being injured in an accident, whether it is a fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The businesses are responsible for the maintenance of their premises. It is the duty of the site manager to inspect and keep the construction site in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to workers and persons lawfully thereon.
When the Workers' Compensation Act was passed many years ago it was probably the first true "no fault" law in this State. With some very narrow exceptions, the question of negligence (fault) is not an issue if a worker is hurt on the job. Whether or not the employer is at fault has no impact on the worth of a case. In worker's comp, employees can bring a claim against their employers' worker' comp carrier. However, employees cannot file a formal lawsuit against their employer. Financial recovery is limited by state law in worker's comp cases.
If their injury at the construction site was caused by negligence of someone who is not your employer or another employee, a civil lawsuit in Superior Court. In lawsuits, negligence must be proved against someone other than the employer. It is the duty of the owner to properly and adequately inspect, maintain and keep the premises free from danger to life, limb and property of persons lawfully and rightfully using same and to warn of any such dangers or hazards thereon. You may be lawfully upon the premises as an employee or business invitee in the exercise of due care on your part. If severely injured, and the negligence was of someone other than your employer, you can retain an attorney to file a lawsuit for damages, together with costs of suit. Injured people in lawsuits can demand trial by jury. Jury trials are not permitted in worker's compensation cases.
The Appellate Division court in RAIMO v. FISCHERA __ NJ Super. __ docket 2201-03T5A held contractor's duty of care for persons who come onto a construction site is governed by general negligence principles, which require a contractor to exercise reasonable care to maintain the site in a safe condition for any persons who the contractor may reasonably expect to come onto the site, rather than by the common law doctrine of premises liability, under which the landowner's tort liability is determined by the injured person's classification as a business invitee, licensee, or trespasser.
More information at our new article at http://www.njlaws.com/CONSTRUCTION_SITE_ACCIDENTS.htm
2. Recent cases- DV order not permitted if no intent to annoy or harass. Sperratore v. Sperratore ___ NJ Super. ___ A-4761-02T3 [unreported]
Final domestic violence restraining order against the defendant former husband based on a finding of harassment reversed; the parties were estranged, and the defendant entered the plaintiff former wife's garage "to get his stuff"; according to the plaintiff, the defendant was "very anxious," and he began "throwing things around the garage"; even though the defendant's conduct was "inappropriate under the circumstances," he did not violate N.J.S.A. 2C:33-4(a) or (c); there was no evidence that the defendant's premises was to annoy or harass her, and the defendant's attempt to gain access to his motorcycle was not a sufficient basis to justify the imposition of a domestic violence restraining order. [unreported] Source: New Jersey Lawyer March 22, 2004 p. 23
3. Court can object to DWI dismissal State v. Lautezenheiser ___ NJ Super. ___ Appellate Division A-1579-03T2, September 16, 2004 [unreported]
Conviction for driving while intoxicated affirmed; the defendant, who had been found guilty of DWI in Municipal Court, was then found guilty of DWI after a Law Division trial de novo; the defendant contended that the Municipal Court had erred by preventing the municipal prosecutor from dismissing the DWI charge, that the prosecutor had intended to dismiss because the proofs were insufficient, and that the prosecutor was not trying to avoid the prohibition against plea bargaining in DWI cases; the Municipal Court record did not support the contention that the prosecutor had sought dismissal, and the Law Division's inquiry revealed that any dismissal contemplated by the prosecutor would have been part of an impermissible plea bargain. [unreported] Source: NJ Lawyer Facts-on-Call Order No. 17061.
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4. Elective share of surviving spouse
If a spouse dies and their Will does not make bequests to the surviving spouse, there is a method to challenge or "elect against the Will". The spouse can fight to receive one third of the decedent's estate. This provides some protection so a spouse is not left penniless.
More information at http://www.njlaws.com/elective_share_of_surviving_spouse.htm
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5. Discovery and Police Records in Criminal cases
Under the New Jersey Court Rules, a New Jersey Attorney can obtain discovery and police reports from the Prosecutor.
The law entitles criminal and drunk driving defendants to pretrial discovery. R.3:133; R.7:42(h); State v. Young, 242 N.J. Super. 467, 470 (App. Div. 1990); State v. Ford, 240 N.J. Super. 44, 48 (App. Div. 1990); State v. Utsch, 184 N.J. Super. 575, 579 (App. Div. 1982). Due process requires the State disclose evidence that is material to either guilt or punishment; indeed, the prosecution has a constitutional duty to turn over exculpatory evidence that would raise reasonable doubt about a defendant's guilt. See Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963).
More information in our new article at http://www.njlaws.com/discovery_and_obtaining_police_reports_in_criminal_cases.htm
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6. OxyContin, Percodan, Percocet, and Tylox- controlled, illegal Schedule II Narcotic - New article at: http://www.njlaws.com/oxycontin_percodan_percocet_and_tylox.htm
OxyContin® is a brand name for a specific formulation of oxycodone, a prescription analgesic (pain reliever) that is derived from opium. Oxycodone is a cousin of morphine, a drug used for severe pain relief -- and abused by addicts -- for almost 200 years. In the past, oxycodone has been sold under the brand names Percodan®, Percocet®, and Tylox®.
In New Jersey, it is illegal to possess or use these drugs without a prescription. drugs. New Jersey does not call serious drug offense "felonies". They are called "crimes"
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7. FREEZING COLD HASH RUN
Sat. Jan. 8, 2005 10:17am
4 -6 MILE GROUP RUN
START: NJ Personal Injury Law Center, Kenneth Vercammen, Esq. 2053 Woodbridge Ave., Edison, NJ [near the Nixon Post Office]
The Rumson Hash House Harriers again return to the woods and marsh of Edison. Hashing is not a race but a non-competitive group run which follows an off-road course laid out with baking flour. If you like trail running without the competition of a formal race, this will be a fun switch for you. This is a complex and different course through woods, grass, swamp and marsh.
COST: NO FEE TO RUN. FREE BEER FOR WOMEN 21-69
$5.00 FOR THE ON-ON BREWS. Wear old running shoes. You must be over 21 years old to participate. No awards are given and no times are recorded. A sense a humor is a must.
They are real hashers and run through snow, cold, storms, wind and rain. Discover great running paths. Tired of the same old neighborhood roads, traffic and bad drivers? Join the off-road runners for a great and unusual training run. Do you have a sense of humor? See the swamps and wooded areas saved from development.
THE ON-ON SOCIALIZING (POST RUN)
As soon as we are finished, we participate in the "On-On" for beverages and socializing. We will visit the nearby Green Derby Bar on Woodbridge Ave, Edison- Free beer for women 21-69, pretzels, more beer, restrooms, beer & heat. EXOTIC FOODS AVAILABLE, INCLUDING traditional Tentacles, Pigeon, AND MYSTERY ANIMAL.
Directions Jan. 8- http://www.njlaws.com/
Directions to other weekly hashes held every Saturday at 10:17 at various locations in Monmouth and Middlesex Counties, call the Rumson Hash House Harriers Hot Line 732-219-0301
Look for the Hasher banner and guys in old running clothes.
For information but not directions call Run "hare" Kenneth Vercammen, Esq. at 732-572-0500 days www.njlaws.com.
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New articles on website:
Truck and Commercial Vehicle Liability for Injuries
http://www.njlaws.com/truck_and_commercial_vehicle_liability_for_injuries.htm
-Driving While Revoked
http://www.njlaws.com/driving_while_revoked.htm
-Gay and Lesbians - Living Will / Advance Directives
http://www.njlaws.com/gay_and_lesbians_living_will_advance_directives.htm
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Thank you for reading our newsletter! God Bless America USA #1
Kenneth Vercammen, Esq.
2053 Woodbridge Ave.
Edison, NJ 08817
NEW PHONE 732-572-0500
New (Fax) 732-572-0030
website: www.njlaws.com
Free T- shirts and car coffee holders to all current and past clients. Please come into office.
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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.
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