As we have said in prior posts, it is difficult to recover damages in a personal injury case against a public entity due to the New Jersey Tort Claims Act, which sets a high threshold for plaintiffs to clear in negligence cases. In a recent unreported decision, the Appellate Division upheld the trial court’s decision dismissing a […]
NJ Transit Immune From Liability For Falldown Read More »
A number of years ago, I defended an Elks lodge on a personal injury suit filed by a woman attending a Christmas party thrown by individuals who had rented the hall from the Elks. The insurance company for the lodge had gone into receivership and thus did not provide the lodge with a defense or an
Fraternity Not Liable To Guest Shot At Party Read More »
The New Jersey Appellate Division recently held that a homeowner who meets all of his obligations under a Home Affordable Mortgage Program (HAMP) trial period plan agreement would be entitled to a loan modification. The court looked at the agreement which provided in part: “If I am in compliance with this Trial Period Plan…then the
You May Be Entitled To A Loan Modification Read More »
In New Jersey, the primary way to serve the summons and complaint in a civil action on a competent individual is by personal delivery of the papers to the individual. This may be by a sheriffs officer or a private process server. Delivery may also be made at the defendant’s home to a member of
New Jersey Service of Process (Part 1) Read More »
Earlier this year, I had the privilege of representing an auto accident victim who was 90 years young and very dynamic. (I hope I have as much going for me if and when I hit that age.) She was a passenger in a car that was struck by a car coming out of a shopping
Insurance Policy Limits Obtained In Auto Accident Case Read More »
Any interested person may apply to the courts of New Jersey for appointment as guardian of an individual (and his or her property) who is incapacitated and unable to handle his or her own affairs. The case is started by the filing of a verified complaint seeking to have the Court determine the person to
New Jersey Guardianship Actions Read More »
In a recent unpublished decision, thec New Jersey Appellate Division upheld the trial court’s dismissal of a personal injury lawsuit based on a falldown at a two family house. The bank holding the mortgage on the house had become the owner of the property through foreclosure. The plaintiff, a lawful guest at the property, was
No Liability For Falldown At Foreclosed Home Read More »
Pursuant to the New Jersey dog bite statute (N.J.S. 4:19-16), the owner of a dog who bites another person who is in a public place or lawfully in a private place, shall be liable for the damages which the victim suffers, regardless of the purported viciousness of the dog. In essence, the victim must prove
Applying New Jersey Law In Case Of A Dog Bite Read More »
The majority of collection cases are for amounts under $15,000.00 and are therefore filed in the Special Civil Part of the Superior Court of New Jersey. Typically, these are lawsuits to collect credit card balances, medical bills and other consumer debts. Defendants are typically served by mail, and service is presumed to be effective unless the post
Defending a Collection Action in Special Civil Part Read More »
Here are a few tips if you are involved in an automobile accident: Do not move your vehicle unless you are directed to do so by a police officer. Call 911. Do not leave the scene of the accident, which is a motor vehicle violation. Obtain the other driver’s information, including name, address and drivers
If You Are In A Car Accident Read More »
The Whelan law firm has been committed to excellence for over 30 years. With offices located centrally in New Jersey, we are able to provide businesses and individuals with excellent legal services.
