In a recent Appellate Division decision, the court considered the claim of an auto accident victim who had caught a ride with a fellow member of a non-profit charitable arts organization. The organization arranged for percussion instrument performances and competitions for its members. It would inform the members of the time, date and location of […]
Charitable Immunity Protects Arts Organization Read More »
In a recent unreported decision, the Appellate Division upheld the dismissal of a trip and fall complaint arising from an accident on a residential sidewalk. The plaintiff claimed that the homeowner had planted a tree on his property which caused the sidewalk to become raised and buckled, on which the plaintiff tripped and fell. The homeowner admitted
Trip and Fall Complaint Dismissed Read More »
Attorneys will sometimes file accident lawsuits with a questionable basis, which often comes back to haunt them. A recent unreported Appellate Division decision is instructive. A woman involved in an automobile collision had the lawsuit threshold (see https://www.middlesexcountyaccidentlawyer.com/what-is-the-lawsuit-threshold/). She admitted that no part of her body struck the inside of the vehicle, that her parked vehicle
Connecting The Dots Read More »
In a personal injury case, the plaintiff is obligated to prove at trial that her injuries are causally related to the accident. Typically this is accomplished through the use of a medical expert who evaluates the plaintiff, provides an expert report and testifies at trial. This may also involve the use of diagnostic testing to
What Is A Net Opinion? Read More »
In New Jersey, accident victims have two years from the date of their accident to file a lawsuit, under the applicable statute of limitations. Any case filed after that deadline is subject to dismissal. The Appellate Division recently considered an appeal of the dismissal of such a case, involving an automobile accident. The victim’s attorney
No Equitable Tolling Of Statute of Limitations Read More »
Employees have the ability to file a workers compensation claim against their employer for workplace injuries. However, accident lawyers will often investigate to see whether an additional claim can be asserted against some other party, in which substantially greater damages may be sought against a liability insurance policy. In a recent unreported Appellate Division decision, the court
No Liability For Building Owner In Hand Crush Accident Read More »
The New Jersey Appellate Division recently reversed a trial court’s dismissal of a falldown case, raising some instructive points. The plaintiff had slipped and fallen on black ice near a metal drainage grate in her employer’s parking lot and sued the owner of the building and lot.The trial court judge found that prior complaints of
Falldown Case Dismissal Reversed Read More »
In 2014, our truck driver client “Danny” was involved in a collision which caused personal injuries and collision damage to another driver and her vehicle. At that time, he reported the accident to the lessee company to which he had leased the vehicle for commercial hauling purposes. Unfortunately, without counsel, Danny was unable to confirm
Insurance Coverage Secured In Truck Accident Read More »
I am pleased to share our recent $400,000 settlement of a slip and fall accident case just prior to trial. My client had been walking to the train station when he fell on a commercial sidewalk covered with ice concealed by a new layer of snow. He had a significant leg fracture that required two
$400,000 Settlement In Slip and Fall Accident Case Read More »
When a driver who lives outside of New Jersey happens to be operating her motor vehicle within the State of New Jersey and is involved in an accident, she will be subject to the “Deemer Statute”. That can be found at N.J.S.A. 17:28-1.4. One effect of this law is that any out of state car
What Is The “Deemer Statute”? Read More »
Charles D. Whelan III has been committed to excellence for over 30 years. With offices located centrally in New Jersey, he is able to provide businesses and individuals with excellent legal services.
