2053 Woodbridge Avenue - Edison, NJ 08817

Tuesday, November 04, 2008

NJ Laws Email Newsletter E286 - November 4, 2008

NJ Laws Email Newsletter E286 
Kenneth Vercammen, Attorney at Law November 4, 2008 


In This Issue
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1. Negligence in Road Repairs Leads to $31M Verdict.


2. Commercial Vehicle could be searched during routine safety inspection. State v. Hewitt 400 NJ Super. 376 (Law Div. 2008).


3. Where crime involved employer's car, no extreme hardship to avoid license suspension. State v. Carrero 399 NJ Super. 419 (Law Div. 2007).


4. PTI Rejection based on mental illness ok. State v. Hoffman 399 NJ Super. 207 (App. Div. 1999).


5. Fun Upcoming Running Race events.


6. Middlesex County Estate Planning Council - Speaker needed!

7. New Articles & Videos.


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Main Website with 500 + articles and 1,000 + links 
(732) 572-0500 
Greetings Kenneth Vercammen, 

1. Negligence in Road Repairs Leads to $31M Verdict.


A Camden County jury has taken a dim view of that county's negligence in repairing a 130-foot stretch of roadway long recognized as dangerous and awarded $31.3 million to a young man who, four years ago at age 18, crashed into an unsafe guardrail there, lost a leg and may yet lose an arm. Nicolas M. Anderson was forced to swerve off the pavement on Raritan Avenue in Waterford Township to avoid a vehicle that had strayed into his lane, but because the pavement dropped six inches to the shoulder - four inches more than the acceptable limit - his car hurtled straight into a guardrail that the county had known for 20 years had an unsafe end piece. The guardrail beam severed Anderson's left leg; his right leg and left arm also were severely injured. At trial it was revealed the county did not have an inspection program for pavement edges and that its policy for replacing substandard guardrails was to wait until an accident occurred. Court officials speculated this award may be among the highest in a motor-vehicle accident case in state history. Anderson v. Camden County was tried before Superior Court Judge John A. Fratto. 


NJ Lawyer Daily Briefing 10-22-08

2. Commercial Vehicle could be searched during routine safety inspection. State v. Hewitt 400 NJ Super. 376 (Law Div. 2008).


The trooper's warrantless search of a commercial truck to confirm a suspected hidden compartment and identify its contents, made during a routine safety inspection, was a valid administrative search. 

Source: 192 N.J.L.J. 570. 
3. Where crime involved employer's car, no extreme hardship to avoid license suspension. State v. Carrero 399 NJ Super. 419 (Law Div. 2007). 

Loss of employment is not an "extreme hardship" entitling a defendant to relief from mandatory license suspension under N.J.S.A. 2C:35-16(a) where the loss is the result of his unauthorized, criminal use of his employer's vehicle. 

Source: 192 N.J.L.J. 134. 
4. PTI Rejection based on mental illness ok. State v. Hoffman 399 NJ Super. 207 (App. Div. 1999).


In this appeal, the court reversed an order admitting the defendant into a Pretrial Intervention program over the prosecutor's objection. The court concluded that the victims' status as police officers does not eviscerate N.J.S.A. 2C:43 12(e)(4), which requires prosecutors to consider "[t]he victim to forego prosecution."

5. Fun Upcoming Running Race events. Selected by Kenneth Vercammen.



If you are attending any of these races, please call or email Ken V. Often we car pool or met at these events. If you can run, you can volunteer, or walk the course.


11/16 Swamp Devil 5k Basking Ridge 1pm


11/22 Manasquan Turkey Trot 5 mile Manasquan 11am party at taverns after race


11/28 Born to Run 5 mile Freehold Friday Free beer at Court Jester tavern 11am


11/30 Navesink Challenge 15k and 5k, Middletown, NJ 732-542-6090 Quality JSRC event with Race director Dave Z. Free food and discount beer at Outback


12/7 Arthritis 5k Metuchen


12/13 Arthritis 5k Bar A Lake Como/ Belmar


12/14 USATF-NJ 10 MILE CHAMPIONSHIP, 11am Mercer County Park, West Windsor, 973-334-890 


12/14 Toys for Tots 5k Freehold 10am


Plus Nov 14 Opening night James Bond Movie Quantum of Solace


Does your company or group have a website that provides information on Elder Law, Estate Planning, Probate, or Financial Planning? We would be glad to add your website to our website's lists of helpful links.
Please E-mail us at: kenvnjlaws@verizon.net

6. Middlesex County Estate Planning Council - Speaker needed! 


In several counties in New Jersey, estate planning professionals have set up Councils whereby those assisting seniors and taxpayers with their estate planning could meet on a quarterly basis to share ideas. We want professionals from the field of law, accounting, life insurance, long term care insurance, banking and financial planning a forum in which to share ideas and network. We will share ideas on providing advice, new laws, networking and marketing. Senior Citizen Coordinators and anyone who provides advice to seniors and the Elderly should also attend. We need a speaker for our Winter and Spring meetings. This will give the speaker the opportunity to network and gain new contacts. Would you like to learn techniques to improve and increase your estate planning business or better serve your clients? If interested, contact Kenneth Vercammen 732-572-0500. We will have an educational and interesting roundtable discussion which will focus on helping seniors and improving your business. We will also share ideas and discuss recent changes in the law. If interested, contact Kenneth Vercammen.


Speaker Duties: 


1. Mail flyer to all professionals and companies using labels provided [Approx. 600 professionals].

2. Call at least 200 people to invite and request e-mail addresses. [Ken V will provide confidential phone list, to be returned after program].


3. Send to local media, in newspaper and cable TV. [Ken V to provide labels].


4. Assist with other publicity, such as sending flyers to their own contacts.


5. Prepare 15-20 minute presentation.


6. Provide return address envelopes to Ken V so elder law database can be revised.


7. Provide any email addresses obtained to Ken V 8. We recommend speaker do as much publicity as possible since this is their opportunity to market themselves


Ken Vercammen will provide:

1. Labels of approx. 600 financial planners, accountants, attorneys, senior citizen coordinators and other professionals.


2. Prepare a draft of flyer for speaker to revise.


3. Make Final draft of flyer for speaker to photocopy: Speaker permitted to print their own info or bio on back of meeting notice.

4. If requested Ken V can provide 600 envelopes for mailing, otherwise you use your own envelopes.


5. Ken V will organize meeting room at meetings at a restaurant in Edison area.


6. Provide Certificate of Appreciation for speaker. 
7. New Articles & Videos.



Please check out our first videos on YouTube and our new articles. 


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