2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, September 23, 2008

NJ Laws News E283

September 23, 2008

In This Issue
1. Important Recent cases: Inadequate Safety Training Leads to $1M Payout.
2. No Expungement if two prior crimes.
3. One car accidents not always an "At Fault Accident" to increase insurance rates.
4. Police cannot access defendant's Internet records.
5. Upcoming community events.
6. Fun charity Running Races.


1. Important Recent cases: Inadequate Safety Training Leads to $1M Payout.

A maintenance worker who received second- and third-degree burns when a leaking butane filter caught fire at the Ronson Butane Lighter Factory in Middlesex County has won a $1 million settlement from the filter's manufacturer and the OSHA consultant that had been contracted to train workers in the factory's safety procedures. Juraj Kosco found the leak as he was preparing the factory for its morning opening; he tried to investigate without shutting off the butane flow or donning a fire retardant uniform. Static electricity sparked the fire that has left Kosco significantly scarred on his arms, torso and legs.

The OSHA consultant, Industrial Waste Management, had argued it was only contractually responsible for classroom instruction, not for the specific instructions that might have prevented Kosco's injuries. Under mediation by retired appellate Judge John Keefe, however, it agreed to pay $820,000, while the manufacturer, CUNO Inc., agreed to pay $240,000.

The factory owner, Ronson, was removed as a defendant because it was covered by and paid out workers compensation insurance. Its insurer, Liberty Mutual, will now claw back $330,000 of the settlement. Kosco v. Ronson Consumer Products had been scheduled before Middlesex County Judge Jessica R. Mayer.

Source: NJ Lawyer Daily Briefing 9/5/08
2. No Expungement if two prior crimes. Expungement Petition of Ross 400 NJ Super. 117 (App. Div. 2008).

The expungement statute, N.J.S.A. 2C:52-2, permits expungement of an indictable conviction only if the petitioner "has not been convicted of any prior or subsequent crime." The court construed the statute and held that if a petitioner commits two crimes at different times, he is precluded from seeking expungement even if he is sentenced and convicted for the two crimes on the same day.

The Law Offices of Kenneth Vercammen can often help people erase prior arrests or criminal charges. Call today.
3. One car accidents not always an "At Fault Accident" to increase insurance rates. Reilly v. AAA-Mid-Atlantic Ins. Co. 194 NJ 474 (2008).

The Department of Banking and Insurance's application of its regulations to assign insurance eligibility points to an insured for an accident in which the insured was not negligent or culpable exceeded the scope of its statutory authority.
4. Police cannot access defendant's Internet records. State v. Reid 194 NJ 386 (2008).

Pursuant to Article I, Paragraph 7, of the New Jersey Constitution, the Court holds that citizens have a reasonable expectation of privacy in the subscriber information they provide to Internet service providers. Accordingly, the motion to suppress by defendant Reid was properly granted because the police used a deficient municipal subpoena.

Law enforcement officials can obtain subscriber information by serving a grand jury subpoena on an Internet service provider without notice to the subscriber. The State may seek to reacquire the information with a proper grand jury subpoena because records of the information existed independently of the faulty process used by the police, and the conduct of the police did not affect the information.

5. Upcoming community events. If you will be attending any of these events, send our office an email response. Sometimes we car pool or meet at community events.

Sept. 27 (Saturday)
Sea Bright Restaurant Trolley Tour "A Taste of Sea Bright"

Ride the trolley and hop to 27 different stops for samplings of food, drinks, cocktails, door prize drawings, and incredible free giveaways!

Oct. 4 (Saturday)
Metuchen Fair - Metuchen, NJ

Oct. 6 (Monday)
Biz Mania - Woodbridge, NJ at 1:30

Oct. 11 (Saturday)
Thin Mike Sydor & Lance Tkacs almost 50 Party

Oct. 18 (Saturday)
Annual Far Hills Steeple Chase Race "The Hunt" Saturday Post Time 1:00 p. m. Moorland Farms, Far Hills, NJ $80.00 per person.

Oct. 21 (Tuesday)
Wills - East Brunswick, NJ from 7-8:30

6. Fun Charity Running Races

9/28 Metuchen YMCA Garbolino 5k run at Roosevelt Park - 8:30am

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

9/28 Bishop Ahr HS 5k

10/5 Sunday East Brunswick 1pm RVRR well run event Road closed to traffic 848-391-0200. ebrrinc@gmail.comm www.ebrr.org

10/11 Sayreville Hit the Bricks 5 mile 732-390-7092

10/11 The Rat Race-Fall, 5k-5miles, 10:07am Wall, NJ - Hashing & free beer

10/12 Deal 5 miler 5 mile Deal hot dogs & beer

10/19 Seaside Half Marathon & 5K, 13.1 mile run, 10am,13.1 walk, 9am, 5k 10:10 - Seaside Park NJ

10/26 Trick or Trot 4 mile run 4 mile Long Branch party at Celtic Cottage after run

If you are attending any of these races, please email Ken. Often we car pool or met at these events. If you can't run, you can often volunteer, or walk the course

Thank you for reading our newsletter! God Bless America USA #1

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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