2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, June 24, 2008

NJ Laws Email Newsletter E276 - June 24, 2008

In This Issue
1. Recent cases: Hockey arena not liable to patron hit with puck during warm-ups.

2. Pharmacist could be liable for putting wrong drug in prescription.

3. If property not abandoned, defendant has standing to challenge Search.

4. PTI available if thefts not part of enterprise.

5. More New articles on website www.njlaws.com.

6. This Weekend's Activities.

7. Legal forms available from the NJ State Bar Association Annual Meeting for Attorneys, Judges, Prosecutors and Police.

8. Welcome Summer 2008 Law Clerks.



1. Recent cases: Hockey arena not liable to patron hit with puck during warm-ups Sciarrotta v. Global Spectrum (A-28-07).

The limited duty rule, which concerns the provision of screened seating in certain areas of sports venues, applies to all activities on the field of play, including pre-game warm-ups. If a sports venue owner or operator complies with the limited duty rule, it has satisfied its duty of care to patrons in the stands and no action in negligence will lie for the peril of objects leaving the field of play. Furthermore, the limited duty rule does not impose a separate duty to warn of the risk of objects leaving the field of play.

2. Pharmacist could be liable for putting wrong drug in prescription. Bender v. Walgreen Eastern Co., Inc., et al. (A-4664-06T1)

The Court concluded that a claim of professional negligence based on a pharmacist's filling a prescription with a drug not prescribed falls within the "common knowledge" exception to the affidavit of merit statute, which the Supreme Court recognized in Hubbard ex rel. Hubbard v. Reed, 168 N.J. 387 (2001).

3. If property not abandoned, defendant has standing to challenge Search. State v. Johnson 193 NJ 528 (Decided February 26, 2008) A-81-06

Defendant has standing under state law to challenge the warrantless search of the duffel bag in the home in which he was present, and the fruits of the search are suppressed for failure to comply with the warrant requirements of Article I, Paragraph 7 of the New Jersey Constitution.

Although defendants are provided automatic standing when the seized property satisfies an element of the charged offense, if the State can show that the property was abandoned, a defendant will have no right to challenge the search or seizure of the property.
4. PTI available if thefts not part of enterprise. State v. Watkins, III 193 NJ 507 (Decided February 21, 2008) A-118-06

At issue in this appeal is the meaning of Guideline 3(i)(2) of Rule 3:28, which applies a presumption against admission into Pretrial Intervention (PTI) where the criminal conduct is "part of a continuing criminal business or enterprise."

Individuals acting alone in furtherance of their own criminal interests who commit a series of offenses such as thefts or forgeries are not "part of a continuing business or enterprise" because they are not parin concert with others.

5. New Articles on website www.njlaws.com

June 2008

Financial Crimes
Violent Crimes
Late Cancer Diagnosis
Negligent Surgery
Emergency Room Negligence
Falling Merchandise
Drowning Injury Claims
Drunk Driver Injuries
Unknown Auto Injuries
Elevator Injury
Escalator Injuries

6. This Weekend's Activities:

Patanella's FLAT as a PANCAKE Sprint Triathlon
Triathlon and Duathlon
6/28/2008 Saturday
Race begins at 8:00am
300 Father Capodanno Blvd,
Staten Island, NY 10306

SWIM: 1/4 mile along the shore of the Raritan Bay.
Swimmers will be no more than 25 yds off shore at anytime during swim.

BIKE: Three 4 mile loops on a 3 lane road closed to traffic. Flat. Fast. FUN!!!

RUN: 5K run. 3/4 mile on asphalt, 3/4 mile on stone block, U TURN, 3/4 mile on stone block,3/4 mile on wooden boardwalk. Enjoy a beautiful view of the Raritan Bay the
entire run http://greenbrookracing.com/Pan.html

then jump in your car for
6/28 Annual 10 mile, 10 bar Long Branch to Belmar This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Finish at Bar A, and play volleyball. Members of Rumson Hash and Jersey Shore Running Club often participate
then run to Saturday, June 28 Bar Anticipation

Live Broadcast 1 - 4 pm
Subway Series Show with Brandon Tierney and
ESPN Baseball Analyst Steve Phillips plus 1050 Trivia Challenge and Co-ed Volleyball Tournament for Springsteen
Tickets and Other Prizes with $2.50 Coors Light till 8 pm http://www.bar-a.com/events.htm

7. Legal forms available from the NJ State Bar Association Annual Meeting for Attorneys, Judges, Prosecutors and Police.


Hot Topics in Municipal Court Practice held at the Trump Taj Mahal Casino Resort

Thursday, May 22 2008

Speakers: Paris P. Eliades, Esq.

Kenneth A. Vercammen, Esq. Edison 2005 NJSBA Municipal Court Attorney of the Year

Could not attend? Need forms?
Send email to Kenvnjlaws@verizon.net and let us know which forms or motions you request. The materials will be sent to you within 5 days, or fax us your email address 732-572-0030 fax

Name ___________________

Email ___________________

02 Lt of rep only.doc
02 DISC.doc
02a DISC to DMV.doc
02d Disc_Complainant.doc
03D Retainer-MUN COURT.doc
04 Hearing notice.doc
100 Cross Exam Q-DWI.doc
AG Guidelines binding.doc
Appeal Fee Bill to Client.doc
Bail reduce Mt.doc
Brief post convict vacate plea.doc
Conditional Discharge Pet Cl.doc
constructive poss.doc
Court cannot handle discovery.doc
Crim interview aba.doc
crim- Specific defenses.doc
Defense Affidavit to Client.doc
DISC to Client from Prosecutor.doc
DUI Motions non disc- jury.doc
DWI- Blood defense brief.doc
DWI- expert letter.doc
DWS Fine reduced parking ticket.doc
Expungement recommend.doc
MIRANDA br.doc
More disc br.doc
Mt for Civil Reservation.doc
Mt forSlap.doc
Mt to be Relieved.doc
Mt- Dismiss No disc mun Pros.doc
Mun Ct Interview.doc
MVC_ DMV - Follow-up Hearing.doc
MVC_ DMV points for Atom.doc
No discovery dismiss Brief.doc
No Show in Court.doc
OPRA Brief Crim.doc
Order mark try or dismiss.doc
Order to be Relieved.doc
Pros- missing abstract.doc
Refusal Brief wrong statement.doc
Storm Cert priv pros.doc
Chun discovery brief

8. Welcome Summer 2008 Law Clerks:

Christina Velazquez - Ava Maria School of Law, Mount Saint Mary Academy Graduate, Assistant Editor of the NJ Municipal Law Review

Mitchell Zuckerman - University of Maryland, J.P. Stevens Graduate, Editor of the Personal Injury Blog

A.C. Ranasinghe - William & Mary, J.P. Stevens Graduate, Editor of the Personal Injury Blog

Michael Samaroo - Loyola College in Maryland, J.P. Stevens Graduate, Editor of the Elder Law Blog

Jasmin A. Eversley- Drexel University Class of 2008, Piscataway H.S. graduate, Public Defender Intern and Editor of the Criminal Law Blog


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 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.



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