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September 2015 Archives | Morristown, New Jersey Personal Injury Law Blog

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September 2015 Archives

SHARING CUSTODY IN A MANNER THAT’S EASIEST ON YOUR KIDS

After a divorce where there are children in the picture, you want life to be as stable and happy as possible for your children. This isn’t always easily done where you share custody with a former spouse whom you don’t get along with. Below are some strategies to make shared custody arrangements easier on your kids. 

WRONGFUL DEATH LAWSUIT FILED IN CASE OF MURDERED EX-WIFE

In a well-known local case, former Neptune, New Jersey police officer Philip Seidle is said to have shot his ex-wife Tamara in broad daylight after a car chase through Asbury Park several weeks after the couple in question divorced. Now, the nine children of Tamara have filed a notice of intention to sue for wrongful death, naming as defendants multiple law enforcement agencies. The suit claims that a failure to properly train law enforcement and failure to discipline Philip were causes of Tamara’s death. The lawsuit requests $10 million in damages. 

MAN INJURED IN JERSEY CITY CONSTRUCTION ACCIDENT AS A RESULT OF IMPROPER TRAINING RECEIVES $2.75 MILLION SETTLEMENT

In a settlement agreement reached earlier this year, a construction worker injured on the job by a falling cinderblock wall has received an award of $2.75 million for his extensive injuries. Dashi Slatina, who was 29 at the time of the accident, was working on a high rise condominium tower in Jersey City as a mason. Slatina had built an eight-foot cement wall intended to separate the residence from an adjoining parking area. Slatina had bent over to clean up excess cement when a strong gust of wind caused the cinderblock and cement wall to collapse, landing on top of Slatina. The worker’s hip was fractured and dislocated in the incident, his right wrist was fractured, and the meniscus in his left knee was torn. As a result of his injuries, he was ultimately forced to have a full hip replacement and required surgery on his knee. In addition to his physical injuries, Slatina alleged that his injuries caused him emotional distress. He has been unable to return to work since the accident, which occurred in 2007. 

IMPORTANT REASONS TO HAVE A WILL

You might have been putting off creating a valid will-no one loves thinking about their eventual demise. However, it may be more important than you realize to create written instructions on how you want your estate distributed. Here’s why:

THE EVENT DATA RECORDER IN YOUR CAR

For years, car manufacturers have been installing Event Data Recorders (EDRs) in passenger vehicles. These devices are akin to pared-down versions of the infamous “black box” contained in the cockpit of every commercial airplane. The average individual may not realize this data is being recorded or how it is used by manufacturers, or even more importantly how it can be used to support your product liability lawsuit against a manufacturer or a lawsuit against another driver if you get hurt in a crash. 

MALPRACTICE ACTIONS FOR ANESTHESIA ERRORS

There are many possible ways for a surgery to go wrong-a surgeon’s hands or tools may be contaminated, the wrong body part may be operated on, or a sponge could be left in the patient after the surgical opening is closed-but when anesthesia is improperly administered, the patient is harmed before she even reaches the operating table.

RATES OF INJURIES AND FATALITIES DUE TO CAR ACCIDENTS ON RISE IN 2015

In contrast to the dip seen in recent years, the first half of 2015 has seen a stark rise in the number of serious injuries and fatalities on American roads. Every six months, the nonprofit National Safety Council releases statistics on the rates of injuries and deaths occurring as a result of motor vehicle accidents. For the first time in two years, the rates of fatal and serious injuries have increased rather than decreased, and total auto accident fatalities are on track to make 2015 the deadliest year on US roads since 2007. 

THE ASHLEY MADISON HACK–COULD IT MAKE A DIFFERENCE IN YOUR DIVORCE?

The users of Ashley Madison, an online dating website designed for people who were already married but wanted to have an affair, got some very bad news earlier this summer. Either one or a group of hackers-still at large-managed to obtain the username and billing information for 37 million user accounts. The hackers, decrying the dishonest purposes of the website, insisted that the site be taken down, or all the information would be released. When Ashley Madison’s leadership refused to take down the site, the hackers began to make public what they’d stolen. The information about these users has been leaked out in chunks by the hackers, and is now available to be searched in several locations across the internet. 

WHAT DO I DO IF MY CAR WAS HIT AND DAMAGED WHILE PARKED?

Maybe you’re on your way to work in the morning, or finishing up a long grocery shopping trip, when you walk out to your car, thinking about where you’re heading next, only to find it seriously banged-up. After letting off a bit of steam with some colorful phrases, what do you do next? Below are some guidelines on what to do when your car is damaged by a hit-and-run driver. 

MAN HURT ON THE JOB RECEIVES $2.8 MILLION SETTLEMENT

Han Su Chin, a 48 year old man injured on a construction worksite, recently received $2.8m for his medical bills, living expenses, and pain and suffering. In a lawsuit against building owner Koryo Corp., general contractor Dong Y. Jo, and principal of EZ Han Construction Corp. Tae W. Han who hired the worker, Chin alleged that he was not provided with a safe work environment or safe equipment with which to do his job. Chin claimed that, since his injury, he has been unable to return to his trade, and has not been able to find consistent alternate employment. 

DUI CHECKPOINT CAMPAIGN BEGINNING IN MORRIS COUNTY

In advance of the Labor Day holiday, local police in Morris County have begun to mount DUI checkpoints in various locations. The “Drive Sober or Get Pulled Over” campaign is being held in concert with a national effort to stem drunk driving. The campaign runs from August 21 through the Labor Day holiday weekend. DUI checkpoints will be found throughout the county, including in Mendham, Chester, and Rockaway townships. Police will also be deploying roving units tasked with finding intoxicated drivers, and people can report to the police on what they believe to be drunk drivers by dialing #77. 

PARENTS FILE MULTIPLE LAWSUITS ALLEGING ABUSE AGAINST HOBOKEN MONTESSORI SCHOOL

The Apple Montessori School in Hoboken – which charges annual fees of $28,000 per student – faces multiple lawsuits by parents over its treatment of students following the release of viral videos appearing to show school workers engaging in rough treatment of toddlers. Both lawsuits have been filed by parents on behalf of children at the school in the New Jersey state Superior Court in Jersey City. 

NEW JERSEY APPELLATE COURT REVERSES $25 MILLION ACCUTANE VERDICT

The Superior Court of New Jersey, Appellate Division has issued a reversal of a 2010 trial court verdict awarding plaintiff Andrew McCarrell $25 million in damages for injuries he suffered as a result of using the drug Accutane, manufactured by New Jersey-based defendants Hoffmann-La Roche Inc. and Roche Laboratories. The court found that the trial court erred in applying the New Jersey statute of limitations to McCarrell’s claim as opposed to the statute of limitations of Alabama, where the plaintiff resided, and that under Alabama’s stricter statute of limitations, the plaintiff’s claims were time-barred. 

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