Blog
NJ Slip and Fall Victim Wins Appeal Against Supermarket
Slip and fall accidents can happen anywhere and they can happen suddenly without warning, in a survey the general population, and you will likely get a split opinion on grocery stores. For some, the weekly trip is a chance to plan the week ahead, stock up on delicious snacks, and save money by preparing home meals instead of eating out. For others, it’s a hassle, a time-suck, and a guarantee that a week later, an unopened bag of spinach will hit the garbage can at home. What people usually do not worry about are grocery store accidents....
Read More....NJ Tort Claims Notice Requirements Halt Another Plaintiff
In daily life, some rules are meant to be broken, and some are made to be strictly followed, if you don’t follow said rule you end up with a tort claim on your plate. This is the lesson a New Jersey man recently learned when the Appellate Division affirmed the Superior Court’s denial of his request to extend a filing deadline in the case of Gartenberg v. City of Hackensack. The failure to timely file a required notice meant the man completely lost his right to sue for injuries sustained from a fall on a poorly maintained sidewalk in Hackensack,...
Read More....The PREP Act and Wrongful Death Claims Against Nursing Homes due to COVID-19
You may be entitled to wrongful death claims if you have recently lost a loved one due to a hospital or nursing home’s failure to enact safety protocols to protect against COVID-19. Because of the Public Health Emergency declaration by the U.S. Department of Health & Human Services (“HHS”), initially declared on January 31, 2020, and subsequently renewed most recently on October 15, 2021, the answer to this question has become fairly complex.
Ordinarily, state law (as opposed to federal law) governs wrongful death claims. This...
Read More....NJ Updates Guardianship Rules to Provide Better Protections for the Incapacitated Person
NJ recently updated the guardianship rules to Provide Better Protections for the Incapacitated Person. With the social commentary surrounding the #FreeBritney movement and the award-winning Netflix film, I Care a Lot, starring Golden Globe winner, Rosamund Pike, guardianships and conservatorships are publicly discussed now more than ever. The Britney Spears case in particular has shined a light on the role of a guardian or conservator and heightened the community awareness of the importance of the roles.
Recently, the New ...
Read More....Volunteer Wins Workers Compensation Case Before New Jersey Supreme Court
Workers compensation is a necessity amongst most businesses, but with a non-profit charity job this sometimes may not be the case. Have you heard the expression, “no good deed goes unpunished”? Well, that was almost the case for one New Jersey woman. In Goulding v. NJ Friendship House, Inc., the Plaintiff, a cook and teacher for a New Jersey non-profit, worked a “Family Fun Day” organized and hosted by her employer. All of the employees who worked at the event had volunteered and were not required by the non-profit to do so.
During the event,...
Read More....#FreeBritney – Star’s Legal Battle Shines Spotlight on Conservatorship Law
The #FreeBritney movement is one started by fans of pop-star Britney Spears to support her in efforts to end a Conservatorship Law over her assets. Her conservatorship stems in part from a series of very public breakdowns suffered by the singer in 2007 & 2008. Fans have indicated their support for the conservatorship to end, thereby returning control of the assets to Britney.
Conservatorships are generally established when an individual is found by a Court to be unable to manage their own affairs. The Court appoints an individual...
Read More....You Should Not Put Your Head in the Sand If You Are in a lawsuit
You cannot simply ignore a lawsuit brought against you because you do not want to participate or you do not know what to do. Once an action is filed, and you are served with the initiating documents, namely a Summons and Complaint, the clock starts ticking on your time to respond. The consequences of failing to respond are severe. If you fail to respond, the person seeking to recover against you may obtain a Default Judgment, awarding the damages sought.
This is exactly what happened to the defendants in the recent case of BMO Harris Bank, ...
Read More....New Jersey Slip and Fall Victim Strikes Out on Appeal
In the recent New Jersey Appellate Division case of Quejada v. ShopRite, the Court affirmed the dismissal of the slip and fall victim had a case and the personal injury plaintiff’s case against a supermarket.
The plaintiff in Quejada was approaching the cash register area of a ShopRite when she slipped and fell. The plaintiff did not notice anything on the ground that would have caused the fall but eventually realized that her clothes were wet after the fall. The plaintiff’s daughter, who was shopping with her, did not see the plaintiff...
Read More....New Jersey Personal Injury Plaintiff Barred by Tort Claims Act
The New Jersey Appellate Division’s recent decision in the case of Anthony v. Newark Housing Authority is a cautionary tale for personal injury victims injured on government property who fail to file a timely notice of claim. The NJ Tort Claims Act requires plaintiffs to file a “tort claims notice” within 90-days of an accident in which the government is a defendant.
The plaintiff in Anthony tripped and fell over a large gap in a sidewalk while walking through a residential complex owned and operated by defendants, breaking her leg. ...
Read More....Insolvent Estates in New Jersey: What You Need to Know When the Estate Has No Money
One important responsibility for the executor or administrator of a New Jersey estate is to deal with insolvent estates, that means to pay the deceased person’s debts. Debts can include credit cards, mortgages, loans, funeral costs, and medical expenses among other things. Some creditors may make formal claims against the estate while others may forgive the debt. The executor/administrator must use the assets of the estate to pay the decedent’s debts, but they do not have to use their own personal funds to satisfy the debts. What happens...
Read More....
