2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, August 05, 2008

NJ Laws Email Newsletter E280 - August 5, 2008

In This Issue
1. Recent cases: Eye Injury From Errant Golf Ball Nets $725K Settlement.
2. Parking garage is quasi-public area so refusal to take breath test can be charged.
3. Great Seminar and Events at ABA New York meeting for Solo & Small Firm Attorneys.
4. Reasons to Join the Edison Elks or an Elks in your community.
5. Next month’s charity running races.


1. Recent Cases: Eye Injury From Errant Golf Ball Nets $725K Settlement.

An Eatontown man whose eyesight was damaged in May 2006 when a golf ball flew into his eye as he drove past Eagle Oaks Golf and Country Club in Farmingdale has settled his suit against the club, a neighboring homeowner and his landscaping contractor for a total $725,000. A driving-range ball left Eagle Oaks' property and struck his client in the eye, an account disputed by the golf course, which claimed the ball could have been launched from Carl Capoano's property that was getting mowed by a landscaping contractor at the same time. Under terms of the settlement, none of the parties admitted guilt, but Capoano and Canfield Lawn and Landscaping each paid $37,500, while Eagle Oaks was hit for the remaining $650,000. After the accident, Guhl's vision in the injured eye went from 20/20 to 20/100, and he most likely will need a corneal. Source NJ Lawyer Daily Briefing 8/1/08

2. Parking garage is quasi-public area so refusal to take breath test can be charged. State v. Bertrand Law Division, Hudson County, Municipal Appeal No. 58-07, December 4, 2007, not approved for publication.

Following a trial de novo, the Law Division determined that the defendant was guilty of refusal to submit to a Breathalyzer test in violation of N.J.S.A. 30:4-50.2; the police received a report of an intoxicated driver in the parking garage at a cooperative apartment complex; the officers found the defendant, who was a resident of the complex, sleeping on a bench about 40 feet from his vehicle, which matched the description of the vehicle in the report; §39:4-50.2 provides that any person who operates a vehicle "on any public road, street or highway or quasi-public area" is deemed to have given consent "to the taking of samples of his breath for the purpose of making chemical tests to determine the content of alcohol in his blood"; the parking garage was a "quasi-public area"; thus, the requirement that the defendant submit to a Breathalyzer test did not violate his constitutional rights.

Source: NJ Lawyer Daily Briefing dailybriefing@njsba-njldailybriefing.com.
3. Great Seminar and Events at ABA New York meeting for Solo & Small Firm Attorneys.

SATURDAY, AUGUST 9, 2pm Elder Law 2008 -Expanding an Elder Law Practice General Practice, Solo & Small Firm Division Nassau Suite A, 2nd Floor, Hilton New York

Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Charles Sabatino, director of the ABA's Commission on Law & Aging
Parag Patel, Esq. Iselin, NJ
4. Reasons to Join the Edison Elks or an Elks in your community.

The Elks have been synonymous with charity and community for over 100 years. They have distributed more than 3 billion dollars in cash, goods, and services to our country's youth, veterans and disadvantaged. In Edison and other towns, they sponsor Hoop Shoot, Soccer Shoot, college scholarship and drug education and prevention programs.

I have enjoyed my Community Elks membership in the Edison Elks for 15 years.

Kenneth Vercammen
1. New Years Eve Party
2. Lobster Night
3. St. Patty's Dinner
4. Good Friday Dinner
5. Officers Installation & Dinner
6. Easter Egg Hunt for Children
7. Wildwood Convention
8. Swim Club opening for Elks/YMCA Edison Pool
9. Family Pool Day
10. Beef & Brew
11. Family Pool Night
12. Nascar Night
13. Soccer Shoot out for Children
14. Halloween Party for Children
15. Ladies Auxiliary Christmas Party
16. Christmas Party for Children

Elks are a nationwide fraternal organization of well over a million American citizens. We love our country and desire to preserve its cherished institutions, traditions and values. We respect our neighbors and constantly seek to promote their well being. We love and enjoy life and believe this enjoyment is increased by sharing it with family, friends and all with whom we come in contact.

Elks expend over two million dollars yearly to bring encouragement, cheer and comfort to hospitalized veterans throughout the United States in fulfillment of our solemn pledge: "So long as there are veterans in our hospitals, the Benevolent and Protective Order of Elks will never forget them."

Through our local Lodge, district, state and national programs, we provide healthful activities, guidance and assistance to over eight million boys and girls every year. We fund scholarships, athletic teams, summer camps, scouting, and drug education programs, We encourage civic, environmental, and patriotic involvement through essay contests, seminars and distribution of materials; as well as family-oriented activities in our Lodges.

Elks operate numerous camps, hospitals, clinics, training centers and in-home services for the care and treatment of children and adults with physical disabilities including vision and speech problems, all across the county.

In our many benevolence Elks and Lodges throughout the United States spend over forty-five million dollars annually in our various works of community betterment and charitable programs. This does not take into consideration donated hours equivalent to over thirty-five million dollars.

In approximately 2,300 Elks Lodges throughout the United States, men prominent in public, business and professional life can be found. In these Lodges, located in the principal cities and towns throughout America, the hand-clasp of fraternity and a warm welcome as a visiting Brother await you.
5. Next month's charity running races:

8/16/2008 Long Branch Sprint Triathlon Series-

8/16/2008 400 mtr swim,9.5 mile bike, 3 mile run 6:45am or 800 mtr swim, 18 mile bike, 5 mile run, 6:30am Time Trial Start Long Branch NJ

8/23/2008 Lacey Township Alliance 5k Run 5k,8:30am, 1 mile 8am, kiddie dashes following 5k Forked River NJ

9/7/2008 6th Annual Fallen Heroes Memorial Run 5k, 9:45am, kids dash, 11am Elizabeth NJ The Ultimate Beer Truck

The 17th Annual Bayshore Classic 5K Road Race 5k Run 9am Holmdel NJ

ECI School for Children 5k Run / Walk 5k, 10am, kids races 9:30 3k walk, 10:05 Eatontown NJ

9/20/2008 KeyportFest 5K and One Mile Fitness Walk 5k,8:30am

"War at the Shore" Triathlon Short course .4k swim,8.5 mile bike, 3 mile run 6:45am long course .8k swim, 17 mile bike, 5 mile run 6:30am Long Branch NJ

9/21/2008 Manasquan Reservoir 5 mile 9:00am Howell

9/27/2008 Metuchen YMCA Garbolino 5k run at Roosevelt Park 8:30am

9/27/2008 Carnegie 5k For team when you register, write RVRR

9/28/2008 Treasure Island Sprint Triathlon 600 meter swim, 10.5 mile bike, 3 mile run, Pt Pleasant NJ

9/28/2008 Bishop Ahr HS 5k 11am

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