Recent Articles

Hands Free Required? Not Always

August 26, 2011 15:41

In New Jersey, state law prohibits drivers from talking to or listening to another person on the telephone, text messaging or sending an electronic message unless the driver is using a hands-free device. But even when using a cellphone hands-free, it is sometimes necessary to push certain buttons...

No Insurance? Big Problem

June 10, 2011 14:03

New Jersey has a law that bars an injured person from suing for pain and suffering arising from a car accident  if that person does not have the requisite insurance on his/her vehicle at the time of the accident. What happens if the injured person is not the operator of the vehicle but is...

Injured Abroad, Redressed at Home

April 27, 2011 22:57

In a recent decision handed down by the New Jersey Supreme Court, plaintiffs injured in a car accident South Africa were allowed to move forward with their lawsuit against the defendants, which included the driver of the car the plaintiffs were passengers in at the time of the accident and the...

Drinking, Driving and Belching - Does It Mean DUI ?

March 03, 2011 19:51

In a recent case, State v. Korpita,  the Appellate Division affirmed a refusal to take an Alcotest conviction of a former municipal court judge who continuously belched for 75 minutes, effectively preventing the police officer from administering the test. According to proper Alcotest...

Wrongful Death Claims and Uninsured Drivers

January 17, 2011 17:06

Under New Jersey law, an uninsured owner/operator of a car who is involved in an accident which results in injuries to the operator is precluded from recovering damages for both economic and non-economic (pain and suffering) loss.  See N.J.S.A. 39:6A-4.5(a). An interesting but previously...

Emotional Rescue for Fido?

December 21, 2010 22:51

In McDougall v. Lamm, the Appellate Division of the New Jersey Superior Court recently considered whether to allow damages for emotional distress to a plaintiff who witnessed the violent death of her dog.    While out for a walk, the plaintiff’s dog was attacked and killed by...

Host Safely

December 09, 2010 21:54

The Holidays are upon us once again, and with the season come invitations to parties, dinners, cocktail hours and other events to celebrate it.  You may even be planning to host your own holiday gathering.  If you are hosting an event this holiday season and plan to serve alcohol, please...

Emotional Rescue?

November 17, 2010 19:44

  Does New Jersey recognize a claim for emotional distress when the plaintiff only observes the happening of an accident but is not physically injured? In 1980, the New Jersey Supreme Court held that if a plaintiff can prove the following: (1) the death or serious physical injury of...

I Can't Get No Satisfaction

November 05, 2010 22:13

Under New Jersey law, a person has 60 days to “pay and satisfy” a judgment rendered against him for damages resulting in personal injury, death or property damage in excess of $500.00 arising from a motor vehicle accident.  If the judgment is not paid within 60 days, the Motor...

Whose Coverage Matters ?

October 28, 2010 19:06

  In Simmons v. Lynch, plaintiff, Lois Simmons, was involved in a car accident while driving a vehicle owned and insured by her employer. At the time of the accident, plaintiff owned a car, which was uninsured.  Plaintiff received treatment for her injuries and sued the defendant and...