NJ Laws Email Newsletter E261
Kenneth Vercammen, Attorney at Law
November 21, 2007
In This Issue
_______________
1. Retired Judge recommends use of Alcotest 7100 machine.
2. Tort Claims notice must be filed against the correct public entity within 90 days or suit for injury would be barred.
3. Late Notice of claim sometimes permitted
4. Are Your Beneficiary Designations Up to Date?
5. Recent November laws
6. Great upcoming nearby charity races, Call Ken V to discuss carpools
Greetings,
HAPPY THANKSGIVING!
- Show quoted text -
1. Retired Judge recommends use of Alcotest 7100 machine.
The New Jersey Supreme Court released the report of the Special Master, retired Appellate Division Judge Michael Patrick King, regarding State v. Chun (Are alcotest instruments scientifically reliable for establishing blood alcohol levels in prosecutions under N.J.S.A. 39:4-50?). The Court will hold oral argument on Monday, Jan. 7, 2008 at 10 a.m. in the Supreme Court courtroom on the eighth floor, Richard J. Hughes Justice Complex, 25 Market St., Trenton The New Jersey Supreme Court will eventually rule on the case questioning whether alcotest instruments are scientifically reliable for establishing blood alcohol levels in prosecutions under N.J.S.A. 39:4-50.
The New Jersey State Bar Association, through its counsel Jeffrey Evan Gold and Arnold M. Fishman, has announced that it has been an active participant in the case since its petition for leave to participate as an amicus curiae party was granted in December 2005. After the initial round of hearings in the case, the NJSBA argued that the device was reliable provided that certain delineated conditions were met. Judge King's initial recommendations to the Supreme Court in the matter included many of the conditions advocated by the NJSBA.
In his most recent report, Judge King recommends that his initial report be adopted by the Court along with the following additional recommendations:
1. require certification of the alcotest every 6 months instead of 1
year
2. Prohibit the use of BAC evidence in all third test fcases until
the buffer overflow error is corrected in the source code
3. require the illegal opcode trap to be turned on
4. prohibit the use of any A.I.R. with missing data
5. require foundational documents in all cases ebfore a reading
can be admitted, mot just in pro-se cases.
6. require that the NJSBA, through its counsel, be notified of any software changes after the case is over.
The report issued by Judge King can be found at:
http://www.judiciary.state.nj.us/pressrel/supplemental_opinion.pdf
The briefing schedule in the case can at:
http://www.judiciary.state.nj.us/pressrel/Chun_memo_argument_schedule.pdf
2. Tort Claims notice must be filed against the correct public entity within 90 days or suit for injury would be barred.
TORT CLAIMS ACT COLLINS v. EDISON TOWNSHIP HOUSING AUTHORITY Appellate Division, A-3776-06T1, November 9, 2007, not approved for publication.
Dismissal of the plaintiff's complaint with prejudice for failure to timely file a Tort Claims Act notice of claim affirmed; the plaintiff slipped and fell on property owned by the defendant municipal housing authority on June 29, 2005, the plaintiff's attorney mailed a TCA notice of claim to the municipality on December 19, 2005, but he never gave a notice of claim to the housing authority; the Law Division concluded that the housing authority was not a subordinate branch of the municipality and properly dismissed the complaint (1) because the plaintiff did not serve the housing authority with a notice of claim within the 90-day deadline set forth in the Act and (2) because she did not seek leave of the court to file a late notice of claim pursuant to N.J.S.A. 59:8-9; the Law Division did not have jurisdiction under these circumstances because, under the case law, the filing of a notice of claim more than 90 days after the claim accrues without leave of the court is a "nullity"; furthermore, the complaint was filed after the one-year limit for seeking leave to file a late notice of claim under §59:8-9 had expired. Source: NJ Lawyer Daily briefing 11/13/07.
Therefore, if injured, make sure your attorney files a Notice of Claim against all possible defendants within 90 days of the injury.
Under the NJ Tort Claims Act, TCA, a claim of the type involved here cannot be brought against a public entity or public employee unless the procedural requirements of the Act have been followed. N.J.S.A. 59:8-3. The Act provides that "[a] claim for injury or damages...against a local public entity shall be filed with that entity." N.J.S.A. 59:8-7. Regarding the time in which a claim must be presented, N.J.S.A. 59:8-8 provides:
"A claim relating to a cause of action for death or for injury or damage to person or to property shall be presented as provided in this chapter not later than the ninetieth day after accrual of the cause of action. After the expiration of six months from the date notice of claim is received, the claimant may file suit in an appropriate court of law. The claimant shall be forever barred from recovering against a public entity or public employee if:
a. He failed to file his claim with the public entity within 90 days of accrual of his claim except as otherwise provided in section 59:8-9. (Emphasis added.)
Regarding the filing of notice of late claim, N.J.S.A. 59:8-9 provides:
A claimant who fails to file notice of his claim within 90 days as provided in section 59:8-8 of this act, may, in the discretion of a judge of the Superior Court, be permitted to file such notice at any time within one year after the accrual of his claim provided that the public entity or the public employee has not been substantially prejudiced thereby. Application to the court for permission to file a late notice of claim shall be made upon motion supported by affidavits based upon personal knowledge of the affiant showing sufficient reasons constituting extraordinary circumstances for his failure to file notice of claim within the period of time prescribed by section 59:8-8 of this act or to file a motion seeking leave to file a late notice of claim within a reasonable time thereafter; provided that in no event may any suit against a public entity or a public employee arising under this act be filed later than two years from the time of the accrual of the claim.
The underlying purpose of the notice requirement set forth in N.J.S.A. 59:8-8 is to "expedite investigation with the hope of reaching a nonjudicial settlement and to allow the public entity prompt access to information about the claim so that it may prepare a defense." Pilonero v. Twp. of Old Bridge, 236 N.J. Super. 529, 533 (App. Div. 1989). Specifically, the goals of the notice of claim provisions of the TCA are: (1) "to allow the public entity at least six months for administrative review with the opportunity to settle meritorious claims prior to the bringing of suit"; (2) "to provide the public entity with prompt notification of a claim in order to adequately investigate the facts and prepare a defense"; (3) "to afford the public entity a chance to correct the conditions or practices which gave rise to the claim"; and (4) "to inform the [public entity] in advance as to the indebtedness or liability that it may be expected to meet."
[Henderson v. Herman, 373 N.J. Super. 625, 634 (App. Div. 2004) (quoting Beauchamp v. Amedio, 164 N.J. 111, 121-22 (2000)).] The court said have emphasized that "[t]he filing of a notice of claim more than 90 days after the accrual of a claim without leave of court is a nullity." Priore v. State, 190 N.J. Super. 127, 130 (App. Div. 1983), overruled on other grounds, Moon v. Warren Haven Nursing Home, 182 N.J. 507 (2005). The filing of a notice of claim after the ninety-day period without leave of the court "does not confer jurisdiction upon the court to grant leave to file a late notice of claim beyond the one year period." Ibid. Thus, it is clear that a judge is powerless under the statute to exercise any discretion or to act after a period of one year has elapsed from the date on which the cause of action accrued, where application to the court by motion for permission to file a late notice of claim has not been made within the year.
[Fuller v. Rutgers, State Univ., 154 N.J. Super. 420, 423 (App. Div. 1977), certif. denied, 75 N.J. 610 (1978).]
3. Late Notice of claim sometimes permitted
TORT CLAIMS ACT CASSIDY v. EAST GREENWICH TOWNSHIP, Appellate Division, A-2295-06T5, November 19, 2007, not approved for publication.
Order that granted the plaintiffs' motion to extend the time to file a notice of tort claim under the Tort Claims Act affirmed; the trial court had concluded that the defendant County and the defendant Township had received a timely notice from the two individual defendants that contained all of the necessary information about the plaintiff's claim; the County asserted that the plaintiff's late notice of claim had to be disallowed because the plaintiff failed to demonstrate "exceptional circumstances"; the individual defendants' notice provided the relevant and necessary information about the plaintiff's claim to the County and the Township; the County timely received that notice, which made it aware of the plaintiff's injuries, and the County did not demonstrate any prejudice based on the 25-day delay in receipt of the plaintiffs' notice; based on the totality of the circumstances, the trial court did not abuse its discretion by granting the plaintiff's motion.
Source: New Jersey Lawyer Inc. 11/20/07
4. Are Your Beneficiary Designations Up to Date?
According to Financial expert Saul Simon, most people will agree that it's difficult enough to take care of the necessities of life, let alone the "nice-to-haves." Case in point, when was the last time you reviewed your beneficiary designations for life insurance policies and retirement accounts?
Very likely, the answer is "never."
These documents should be periodically reviewed. Various life events can signal a need to review and possibly change beneficiaries. The article, "Are Your Beneficiary Designations Up to Date?" reviews several scenarios that impact beneficiary designation since originally named.
Call Saul Simon to help you review your Beneficiary Designations and how putting this off today can have a serious impact on your own person planning. If you would like this article sent to you please e-mail Marc at marc.simon@LFG.com.
In the meantime, please give some thought about others you believe could benefit from our work, step out and make a difference in someone's life.
Thank you,
Saul Simon, 399 Thornall Street 12 Floor, Edison, NJ 08837
Phone (732) 623-2070 and Fax (732) 623-2088
5. Recent November laws
TRENTON - Governor Corzine has signed the following laws:
S-222/A-1740) - Prohibits political contributions by all State and local public agencies.
S-1099/A-4146) - Makes it a primary offense for motorists to talk on or text message with hand-held wireless telephone or electronic communication device while driving.
SCS for S-1195/ACS for A-992 - Establishes pharmacy's duty to fill prescriptions for in-stock drugs or devices without delay, notwithstanding sincerely held moral, philosophical or religious beliefs of pharmacist.
S-2506/A - Prohibits candidates from contributing campaign funds to charity in which candidate or candidate's immediate family is an officer or employee or receives compensation for goods or services provided to the charity.
A-439/S-329 - Requires health insurers to honor an assignment of benefits for ambulance service payments under certain circumstances.
6. Great upcoming nearby charity races, Call Ken V to discuss carpools.
11/23/07 - Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern
11/25/07 - Navesink Challenge 15k and 5k, 9am, 5k, 9:10 Middletown, NJ 732-542-6090 Quality JSRC event with Race director Dave Z.
12/1/07 - Metuchen 5k
12/2/07 - Reindeer Romp 5k Point Pleasant plenty of post race food, discount drinks
12/9/07 - Toys for Tots 5k Freehold
12/9/07 - USATF-NJ 10 MILE CHAMPIONSHIP, 11am Mercer County Park, West Windsor, 973-334-890 USATF members only
12/29/07 - Polar Bear Races 5k Asbury Park 5mi Run, 1pm, 732-222-9080 Free Polar Plunge swim in Atlantic Ocean after race.
12/31/07 - JSRC FUN RUN at Bar A
Jan. 5, 2008 - Freezing Cold Hash run, Edison, NJ -Start Ken Vercammen Law Office, 2053 Woodbridge Ave, Edison 732-572-0500 Adventure trail run, not a formal race. Featured on TV News12 NJ and Cablevision.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Wednesday, November 21, 2007
Monday, November 12, 2007
NJ Laws' Newsletter E260 - November 12, 2007
NJ Laws Email Newsletter E260
Kenneth Vercammen, Attorney at Law November 12, 2007
In This Issue
_______________
In this issue:
1. Municipality Could be Liable for Slip & Fall on Snow.
2. Suppression of Stop and Dismissal of DWI Dismissed Where No Erratic Driving.
3. Insurance Company Required to Participate in Injured Person's Underinsured Motorist Arbitration.
4. Business Not Liable When Neighbor's Customer Hit by Car.
5. Uninsured Motorist Benefits are Available to a Plaintiff in a Random, Drive-By Shooting.
6. Landlord not Liable for Tenant's Dog's Bite.
7. City Not Liable for Injury When Injury is Not Permanent.
--------------------------------------------------------------------------------
1. Municipality Could Be Liable for Slip & Fall On Snow
TORT CLAIMS ACT. ANTHONY v. TRI-COUNTY SECURITY. Appellate Division, A-361-06T3, October 9, 2007, not approved for publication
Summary judgment for the defendant Camden County and the defendant County Board of Chosen Freeholders reversed and remanded in a personal injury action; the plaintiff was injured when she slipped and fell on the steps inside City Hall in the City of Camden on "a very snowy day"; the Appellate Division agreed with the plaintiff's argument that summary judgment should not have been granted because there was sufficient evidence to raise a genuine issue of material fact as to whether the defendants had actual or constructive notice of the dangerous condition on the steps where the plaintiff slipped and fell; a fact-finder reasonably could infer (1) that the steps had been wet for a sufficient period of time to place the defendants on notice of the condition and of its dangerous nature and (2) that the defendants' failure to take action to protect against that condition was palpably unreasonable; there was an adequate factual foundation for a jury to find that any puddles of water on the steps could have been dealt with readily through the use of warning signs, runners, or a mop.
Source: NJ Lawyer Daily Briefing dailybriefing@njsba-njldailybriefing.com, October 10, 2007
2. Suppression of Stop and Dismissal of DWI Dismissed Where No Erratic Driving.
DRUNK DRIVING. STATE v. AMELIO. Appellate Division, A-1679-06T5, September 21, 2007, not approved for publication. Law Division order following a trial de novo that granted the defendant's motion to suppress evidence that resulted from a stop of his vehicle and that led to his arrest for driving while intoxicated and for refusal to submit to a Breathalyzer test affirmed; the defendant's 17 year old daughter reported to the police that she was having a verbal dispute with the defendant, that the defendant was "drunk," and that he had left the scene in a vehicle; a police officer on patrol observed a vehicle that matched the description given by the daughter; that vehicle parked on the side of the road and then drove away about five seconds later; the officer then pulled the vehicle over; the Law Division properly concluded that the information given to the police dispatcher and then to the officer did not provide reasonable suspicion that the defendant was driving while intoxicated; there was no evidence that the defendant was operating his vehicle in an erratic manner, and the only evidence offered by the State was the daughter's statement that the defendant was "drunk."
Source: NJ Lawyer October 1, 2007
3. Insurance Company Required to Participate in Injured Person's Underinsured Motorist Arbitration.
KARAMOLEGOS v. YUNGER Appellate Division, A-991-06T1, October 16, 2007, not approved for publication. Law Division order that required that the defendant/third-party plaintiff insurer of the plaintiff appear at underinsured motorist arbitration within 90 days affirmed substantially for the reasons expressed by the Law Division; the plaintiff was injured in an accident with the defendant driver in December 2002; in February 2004, the driver and the defendant owner of the vehicle he was operating offered to settle, and the plaintiff's attorney requested permission from the insurer to accept the offer and to pursue a UIM claim under Longworth v. Van Houten; in December 2004, the plaintiff filed her automobile negligence action; in January 2005, the insurer stated its parameters for UIM arbitration, which the plaintiff's attorney accepted; the insurer did not respond thereafter, and the plaintiff accepted the settlement in August 2005; the insurer then rejected the plaintiff's claim for UIM benefits, asserting that its subrogation rights had been jeopardized by the plaintiff's failure to give notice before settling; however, the Law Division properly determined that the plaintiff had substantially complied with both Longworth and Rutgers Cas. Ins. Co. v. Vassas.
4. Business Not Liable When Neighbor's Customer Hit by Car.
Brierley v. Rode. 09-27-07 A-0637-06T3. A business that permits another business, which is on the other side of a public road, to use its lot for customer parking, has no duty to the other business's customers to make passage over the road reasonably safe.
5. Uninsured Motorist Benefits are Available to a Plaintiff in a Random, Drive-By Shooting.
Livsey v. Mercury Insurance Group. A-1238-06T5 10-24-07. Uninsured motorist benefits are available to a plaintiff in a random, drive-by shooting.
6. Landlord Not Liable for Tenant's Dog's Bite.
TORTS. SPELLS v. UPLAND. Appellate Division, A-1373-06T1, November 5, 2007, not approved for publication. Summary judgment for the defendant landlords affirmed in a personal injury action; the plaintiff child was bitten and dragged by a dog owned by the defendant tenant; the dog had gotten loose and had run onto the sidewalk in front of the next-door neighbor's house; the trial court had concluded that a landlord cannot be held liable for a bite by a tenant's dog that occurs outside the common areas of the apartment house over which the landlord has control; there were no facts on which the fact-finder could conclude that the landlords knew or should have known that the tenant's dog was vicious or that it was likely to get loose; thus, even if the landlords owed a duty of care to persons on adjoining properties, there was no basis to conclude that they were negligent with regard to the dog biting the plaintiff.
Source: NJ Lawyer Daily Briefing November 6, 2007
7. City Not Liable for Injury When Injury is Not Permanent.
TORT CLAIMS ACT. BRITTON v. CITY OF ELIZABETH. Appellate Division, A-2203-06T2, November 5, 2007, not approved for publication. Summary judgment for the defendant City and the defendant City Department of Health and Human Services based on the N.J.S.A. 59:9-2(d) verbal threshold under the Tort Claims Act affirmed substantially for the reasons expressed by the trial court; the plaintiff fractured her left fibula when she fell from a swing; the Appellate Division rejected the plaintiff's arguments (1) that, because she remained under the care of her doctor through the date of the appeal, summary judgment had been improperly granted and (2) that, because there were material questions of fact as to whether she had suffered a permanent injury that was substantial, summary judgment should be vacated.
Source: NJ Lawyer Daily Briefing November 6, 2007
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Kenneth Vercammen, Attorney at Law November 12, 2007
In This Issue
_______________
In this issue:
1. Municipality Could be Liable for Slip & Fall on Snow.
2. Suppression of Stop and Dismissal of DWI Dismissed Where No Erratic Driving.
3. Insurance Company Required to Participate in Injured Person's Underinsured Motorist Arbitration.
4. Business Not Liable When Neighbor's Customer Hit by Car.
5. Uninsured Motorist Benefits are Available to a Plaintiff in a Random, Drive-By Shooting.
6. Landlord not Liable for Tenant's Dog's Bite.
7. City Not Liable for Injury When Injury is Not Permanent.
--------------------------------------------------------------------------------
1. Municipality Could Be Liable for Slip & Fall On Snow
TORT CLAIMS ACT. ANTHONY v. TRI-COUNTY SECURITY. Appellate Division, A-361-06T3, October 9, 2007, not approved for publication
Summary judgment for the defendant Camden County and the defendant County Board of Chosen Freeholders reversed and remanded in a personal injury action; the plaintiff was injured when she slipped and fell on the steps inside City Hall in the City of Camden on "a very snowy day"; the Appellate Division agreed with the plaintiff's argument that summary judgment should not have been granted because there was sufficient evidence to raise a genuine issue of material fact as to whether the defendants had actual or constructive notice of the dangerous condition on the steps where the plaintiff slipped and fell; a fact-finder reasonably could infer (1) that the steps had been wet for a sufficient period of time to place the defendants on notice of the condition and of its dangerous nature and (2) that the defendants' failure to take action to protect against that condition was palpably unreasonable; there was an adequate factual foundation for a jury to find that any puddles of water on the steps could have been dealt with readily through the use of warning signs, runners, or a mop.
Source: NJ Lawyer Daily Briefing dailybriefing@njsba-njldailybriefing.com, October 10, 2007
2. Suppression of Stop and Dismissal of DWI Dismissed Where No Erratic Driving.
DRUNK DRIVING. STATE v. AMELIO. Appellate Division, A-1679-06T5, September 21, 2007, not approved for publication. Law Division order following a trial de novo that granted the defendant's motion to suppress evidence that resulted from a stop of his vehicle and that led to his arrest for driving while intoxicated and for refusal to submit to a Breathalyzer test affirmed; the defendant's 17 year old daughter reported to the police that she was having a verbal dispute with the defendant, that the defendant was "drunk," and that he had left the scene in a vehicle; a police officer on patrol observed a vehicle that matched the description given by the daughter; that vehicle parked on the side of the road and then drove away about five seconds later; the officer then pulled the vehicle over; the Law Division properly concluded that the information given to the police dispatcher and then to the officer did not provide reasonable suspicion that the defendant was driving while intoxicated; there was no evidence that the defendant was operating his vehicle in an erratic manner, and the only evidence offered by the State was the daughter's statement that the defendant was "drunk."
Source: NJ Lawyer October 1, 2007
3. Insurance Company Required to Participate in Injured Person's Underinsured Motorist Arbitration.
KARAMOLEGOS v. YUNGER Appellate Division, A-991-06T1, October 16, 2007, not approved for publication. Law Division order that required that the defendant/third-party plaintiff insurer of the plaintiff appear at underinsured motorist arbitration within 90 days affirmed substantially for the reasons expressed by the Law Division; the plaintiff was injured in an accident with the defendant driver in December 2002; in February 2004, the driver and the defendant owner of the vehicle he was operating offered to settle, and the plaintiff's attorney requested permission from the insurer to accept the offer and to pursue a UIM claim under Longworth v. Van Houten; in December 2004, the plaintiff filed her automobile negligence action; in January 2005, the insurer stated its parameters for UIM arbitration, which the plaintiff's attorney accepted; the insurer did not respond thereafter, and the plaintiff accepted the settlement in August 2005; the insurer then rejected the plaintiff's claim for UIM benefits, asserting that its subrogation rights had been jeopardized by the plaintiff's failure to give notice before settling; however, the Law Division properly determined that the plaintiff had substantially complied with both Longworth and Rutgers Cas. Ins. Co. v. Vassas.
4. Business Not Liable When Neighbor's Customer Hit by Car.
Brierley v. Rode. 09-27-07 A-0637-06T3. A business that permits another business, which is on the other side of a public road, to use its lot for customer parking, has no duty to the other business's customers to make passage over the road reasonably safe.
5. Uninsured Motorist Benefits are Available to a Plaintiff in a Random, Drive-By Shooting.
Livsey v. Mercury Insurance Group. A-1238-06T5 10-24-07. Uninsured motorist benefits are available to a plaintiff in a random, drive-by shooting.
6. Landlord Not Liable for Tenant's Dog's Bite.
TORTS. SPELLS v. UPLAND. Appellate Division, A-1373-06T1, November 5, 2007, not approved for publication. Summary judgment for the defendant landlords affirmed in a personal injury action; the plaintiff child was bitten and dragged by a dog owned by the defendant tenant; the dog had gotten loose and had run onto the sidewalk in front of the next-door neighbor's house; the trial court had concluded that a landlord cannot be held liable for a bite by a tenant's dog that occurs outside the common areas of the apartment house over which the landlord has control; there were no facts on which the fact-finder could conclude that the landlords knew or should have known that the tenant's dog was vicious or that it was likely to get loose; thus, even if the landlords owed a duty of care to persons on adjoining properties, there was no basis to conclude that they were negligent with regard to the dog biting the plaintiff.
Source: NJ Lawyer Daily Briefing November 6, 2007
7. City Not Liable for Injury When Injury is Not Permanent.
TORT CLAIMS ACT. BRITTON v. CITY OF ELIZABETH. Appellate Division, A-2203-06T2, November 5, 2007, not approved for publication. Summary judgment for the defendant City and the defendant City Department of Health and Human Services based on the N.J.S.A. 59:9-2(d) verbal threshold under the Tort Claims Act affirmed substantially for the reasons expressed by the trial court; the plaintiff fractured her left fibula when she fell from a swing; the Appellate Division rejected the plaintiff's arguments (1) that, because she remained under the care of her doctor through the date of the appeal, summary judgment had been improperly granted and (2) that, because there were material questions of fact as to whether she had suffered a permanent injury that was substantial, summary judgment should be vacated.
Source: NJ Lawyer Daily Briefing November 6, 2007
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Friday, November 02, 2007
NJ Laws Email Newsletter E259 November 2, 2007
NJ Laws Email Newsletter E259
Kenneth Vercammen, Attorney at Law
November 2, 2007
In This Issue
_______________
1. Domestic Violence Not Guilty Does Not Bar Criminal Charge
2. Traffic Ticket Served After 30 Days is Untimely
3. Terroristic Threat Can Be Both 2nd or 3rd Degree
4. Upcoming Event
5. OFFICE SPACE AVAILABLE Sub-lease
6. Slip & Fall Accident
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Kenneth Vercammen,
1. Domestic Violence Not Guilty Does Not Bar Criminal Charge. State v. Brown 395 NJ Super. 492 (App. Div. 2007).
Neither the doctrine of collateral estoppel nor fundamental fairness preclude a criminal prosecution for the same events following denial of a Final Restraining Order and dismissal of a Domestic Violence complaint in the Family Part.
2. Traffic Ticket Served After 30 Days is Untimely. State v. Buczkowski 395 NJ Super. 40 (App. Div. 2007).
The Court applied the Supreme Court's dictum in State v. Fisher, 180 N.J. 462, 474 (2004), that N.J.S.A. 39:5-3a requires service of process within thirty days from the date of a alleged offense in most instances of charged motor vehicle violations. The Court, therefore, affirmed the Law Division's dismissal of a charge of reckless driving, N.J.S.A. 39:4-96, as untimely. The Court also applied the doctrine requiring "[t]he government [to] 'turn square corners' in its dealings with the public."
3. Terroristic Threat Can Be Both 2nd or 3rd Degree State v. Conklin 394 NJ Super. 408 (App. Div. 2007).
After the trial judge dismissed an indictment charging defendant with terroristic threats contrary to N.J.S.A. 2C:12-3(a) in connection with threats to kill the victim, the Court reinstated the indictment, holding that threats to kill may be prosecuted under either N.J.S.A. 2C:12-3(a) or N.J.S.A. 2C:12-3(b) because the elements of subsection (a) differ from elements of subsection (b) and the prosecutor has the discretion to seek an indictment under either statutory provision.
4. Upcoming Events:
Nov. 15 & 26 -Piscataway Police Lecture
Nov. 18 -Barter Depot social NJ Expo Center, Edison
Nov. 19 -Mun Drug, DWI, and Mun Seminar - Sheraton, Woodbridge - see below
Nov. 23 -Born to Run - give out calendars and magnets
HANDLING DRUG, DWI & SERIOUS MUNICIPAL COURT CASES
Monday, November 19, 2007
1:00 PM to 4:00 PM
Sheraton at Woodbridge Place, Iselin
- Penalties have increased for DWI and drug cases
- The alcotest 7110 is now part of DWI practice
- There are new municipal government rules
GAIN A THOROUGH UNDERSTANDING OF MUNICIPAL COURT PRACTICE, PROCEDURE, & RECENT DEVELOPMENTS, INCLUDING:
-Hearsay & Criminal evidence since State v. Berezansky and Crawford v. Washington
-New laws, court rules and pending legislation
-Drunk driving (DWI) - State implementation of the Alcotest 7110 breath test machine
-License suspension
-Plea agreements in drug cases
-How to read a driver's abstract when dealing with traffic violations
-Driving while suspended
-Increased refusal penalties
-Assault
-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
This "nuts and bolts" guide to municipal court practice and procedure will prepare you to effectively represent clients in all types of cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will delve into a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
New Jersey Institute for Continuing Legal Education
Program # S525h-13770
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383
CustomerService@njicle.com
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers Division
5. OFFICE SPACE Sub- lease - 2053 Woodbridge Ave, Edison, NJ
Good for professional's branch office or new attorney. 2 rooms left. Available December 1, 2007. Call 732-572-0500.
6. 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.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
Kenneth Vercammen, Attorney at Law
November 2, 2007
In This Issue
_______________
1. Domestic Violence Not Guilty Does Not Bar Criminal Charge
2. Traffic Ticket Served After 30 Days is Untimely
3. Terroristic Threat Can Be Both 2nd or 3rd Degree
4. Upcoming Event
5. OFFICE SPACE AVAILABLE Sub-lease
6. Slip & Fall Accident
--------------------------------------------------------------------------------
NJLaws.Com LINKS
Main Website with 500 + articles and 1,000 + links
(732) 572-0500
Greetings Kenneth Vercammen,
1. Domestic Violence Not Guilty Does Not Bar Criminal Charge. State v. Brown 395 NJ Super. 492 (App. Div. 2007).
Neither the doctrine of collateral estoppel nor fundamental fairness preclude a criminal prosecution for the same events following denial of a Final Restraining Order and dismissal of a Domestic Violence complaint in the Family Part.
2. Traffic Ticket Served After 30 Days is Untimely. State v. Buczkowski 395 NJ Super. 40 (App. Div. 2007).
The Court applied the Supreme Court's dictum in State v. Fisher, 180 N.J. 462, 474 (2004), that N.J.S.A. 39:5-3a requires service of process within thirty days from the date of a alleged offense in most instances of charged motor vehicle violations. The Court, therefore, affirmed the Law Division's dismissal of a charge of reckless driving, N.J.S.A. 39:4-96, as untimely. The Court also applied the doctrine requiring "[t]he government [to] 'turn square corners' in its dealings with the public."
3. Terroristic Threat Can Be Both 2nd or 3rd Degree State v. Conklin 394 NJ Super. 408 (App. Div. 2007).
After the trial judge dismissed an indictment charging defendant with terroristic threats contrary to N.J.S.A. 2C:12-3(a) in connection with threats to kill the victim, the Court reinstated the indictment, holding that threats to kill may be prosecuted under either N.J.S.A. 2C:12-3(a) or N.J.S.A. 2C:12-3(b) because the elements of subsection (a) differ from elements of subsection (b) and the prosecutor has the discretion to seek an indictment under either statutory provision.
4. Upcoming Events:
Nov. 15 & 26 -Piscataway Police Lecture
Nov. 18 -Barter Depot social NJ Expo Center, Edison
Nov. 19 -Mun Drug, DWI, and Mun Seminar - Sheraton, Woodbridge - see below
Nov. 23 -Born to Run - give out calendars and magnets
HANDLING DRUG, DWI & SERIOUS MUNICIPAL COURT CASES
Monday, November 19, 2007
1:00 PM to 4:00 PM
Sheraton at Woodbridge Place, Iselin
- Penalties have increased for DWI and drug cases
- The alcotest 7110 is now part of DWI practice
- There are new municipal government rules
GAIN A THOROUGH UNDERSTANDING OF MUNICIPAL COURT PRACTICE, PROCEDURE, & RECENT DEVELOPMENTS, INCLUDING:
-Hearsay & Criminal evidence since State v. Berezansky and Crawford v. Washington
-New laws, court rules and pending legislation
-Drunk driving (DWI) - State implementation of the Alcotest 7110 breath test machine
-License suspension
-Plea agreements in drug cases
-How to read a driver's abstract when dealing with traffic violations
-Driving while suspended
-Increased refusal penalties
-Assault
-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
This "nuts and bolts" guide to municipal court practice and procedure will prepare you to effectively represent clients in all types of cases that are heard in Municipal Court. An authoritative panel of experienced attorneys will delve into a wide variety of matters that you are likely to encounter. They will also bring you up to date on recent developments you need to understand in order to effectively represent your clients.
New Jersey Institute for Continuing Legal Education
Program # S525h-13770
One Constitution Square, New Brunswick, New Jersey 08901-1520
Phone: (732)214-8500 Fax: (732)249-0383
CustomerService@njicle.com
The non-profit continuing education service of:
The New Jersey State Bar Association
Rutgers - The State University of New Jersey
Seton Hall University
Presented in cooperation with the NJSBA Municipal Court Section and the NJSBA Young Lawyers Division
5. OFFICE SPACE Sub- lease - 2053 Woodbridge Ave, Edison, NJ
Good for professional's branch office or new attorney. 2 rooms left. Available December 1, 2007. Call 732-572-0500.
6. 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.
Thank you for reading our newsletter! God Bless America USA #1
Our updated law blogs:
NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/
NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/
NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/
NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/
NJ Elder Law Blog -http://elder-law.blogspot.com/
NJ Drug Law Blog - http://drugarrest.blogspot.com/
We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.
"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor
This newsletter is produced to be sent electronically. If you know someone who would also like to receive this email newsletter, please have them email us at newsletter@njlaws.com.
Free T- shirts and soda can holders available for all current and past clients. Please come into office.
Editor's Note and Disclaimer:
All materials Copyright 2007. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
website: www.njlaws.com
Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court
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