New Jersey Transit Bus
The New Jersey Tort Claim Act, Title 59 as attorneys refer to it, is also known as the rule of “sovereign immunity”. Sovereign immunity dates back hundreds of years ago to England, the law was carried over into Federal and State laws in United States of America. In England, it prevented persons from suing the King. (more…)
New Jersey Accident Scales of Justice
(July 12, 2015). Asbestos even in small quantities can cause cancer and other lethal diseases. A non-profit organization, Asbestos Nation, conducted tests on crayons and children’s toys and found asbestos fibers in the following crayons and toys:
Crayons: Amscan Crayons by Amscan; Disney Mickey Mouse Clubhouse by Greenbrier International, Inc; Nickelodeon Teenage Mutant Ninja Turtle Crayons, by MII Inc.; Saban’s Power Rangers Super Megaforce by Greenbrier International, Inc.
Crime Lab Kits: EduScience Deluxe Forensics Lab Kit, black fingerprint powder, by Toys”R”Us; Inside Intelligence Secret Spy kit, white fingerprint powder by Buy-Rite.
Jeep Grand Cherokee
(Independence Day, July 4, 2015). In June of 2013, Chrylser Auto Group agreed to repair over 1.5 million Jeep Grand Cherokee and Jeep Liberty vehicles because the placement and design of the vehicle’s fuel tank could cause the vehicle to catch on fire. The recall was for Jeep Grand Cherokee vehicles made between 1993 and 1998 and Jeep Liberty vehicles made between 2002 and 2007. In November of 2014, Deputy Administrator of the United States Department of Transportation National Highway Traffic Safety Administration (NHTSA), David J. Friedman wrote the Chairman and CEO of the Chrysler Group, Sergio Marchionne urging Chrysler to more aggressively seek out vehicle owners affected by the recall of June 2013 as the fuel tanks in those vehicles may rupture if the vehicles are struck from behind leading to fires even in low to medium speed crashes. The letter from David Friedman from the NHTSA was prompted because Chrysler between June 2013 and October 2014 had only repaired 3 percent of the 1.5 million vehicles (only roughly 45,000 vehicles out of 1.5 million vehicles).
Yellow Cab
(Monroe NJ, May 23, 2015) John Forbes Nash Jr, and his wife, Alicia Nash, of nearly 60 years was killed in a taxi cab crash on the New Jersey Turnpike. Nash was returning to his home in Princeton Junction (NJ) from a trip to Norway having landed at Newark Liberty Airport. Nash was in Norway to receive the Abel Prize for mathematics from King Harald V. Nash received the award along with colleague Louis Nirenberg for his work on nonlinear partial differential equations. Nash, a mathematician at Princeton University, is known for his work on game theory and his struggle with paranoid schizophrenia, depicted in the 2001 film, A Beautiful Mind, starring Russell Crowe.
Nash’s death may focus attention on the use of seat belts by passengers and the lack of seatbelts in some taxi and limousines. Nash’s death comes on the heels of the death of 60 Minutes long term correspondent Bob Simon who died in a Limousine accident in February (2015) in New York City. Both Nash, his wife Alicia Nash, and Bob Simon were unrestrained passengers. (more…)
Blue sky Panera Brea
An employee who was killed as a result of an automobile accident after a night out while he was working away from home was held to be in the course of his employment. In the case of Angela Ann Cavalcante versus Lockheed Electronics Company,85 N.J. Super. 320 (1964), the Workers Compensation Court applied a “reasonable” standard in its analysis of the facts to determine that the case was compensable because it was reasonable for an employee working temporarily out of state to seek some relaxation with colleagues after working irregular hours for several days. (more…)
Bloomfield Building
On occasion, a Superintendent of an Apartment Building is injured in the course of performing his or her duties and a question arises as to what are his weekly wages for purposes of calculating his temporary disability benefits in New Jersey.
Under New Jersey Landlord Tenant law, Superintendents of Apartment Buildings are not tenants and they occupy their apartment in lieu of paying rent so long as they remain the Superintendent. If the Superintendent didn’t occupy the Apartment, the Landlord would receive a rent and thus the apartment has a monetary value per month. The rental value of the apartment must to added to establish the wages along with any ancillary benefits the Superintendent receives including free internet, free cable, satellite or fiber optic television service, telephone service, parking space or garage, fees charged for having a pet and other benefits.