New Jersey Personal Injury Lawyer - http://nllawfirm.com - represent clients in personal injury case
The New Jersey Personal Injury Lawyers at The Noonan Law Firm LLC represent clients in personal injury cases throughout New Jersey including motor vehicle accidents, wrongful death, workers compensation, medical malpractice and defective products.
A jury in Camden County rendered a verdict of 5 million dollars to a girl who was permanently injured by a motorist after a school bus driver left her in harms way.
The plaintiff, named Crystal, was a 17 year old Kingsway High School student at the …
Last week an Essex County Judge approved a settlement in the amount of 7.4 million dollars against two New Jersey hospitals. The settlement was the result of negligent treatment of an infant after the infant had been the victim of child abuse.
The …
A man from Kearny, New Jersey settled his accident case for 900,000.00 this week. The man was knocked over by a passing truck's mirror. As a result of the impact, the man suffered leg and brain injuries.
The plaintiff, Ricardo Rivera was driving in …
A New Jersey businessman has agreed to accept 1.15 million dollars for compensation which resulted in injuries from a fall on ice at a client's home construction site. The name of the case was Condiracci v. JW Custom Homes. The suit was filed in the …
The first trial has just come to a close regarding Johnson & Johnson's pelvic mesh products. The result was a 3.35 million dollar plaintiff's verdict with the jury still considering punitive damages.
The trial had been ongoing for the past two …
A jury sitting in Bergen County found for the plaintiff and rendered a verdict of 2.725 million dollars on February 13. The verdict was rendered to the estate of a worker who was killed when a pressurized vehicle exploded as well as two other …
In February of 2012, a Texas women named Virginia Moore was driving on 42nd street in Odessa Texas with another individual in the vehicle. Ms. Moore when stopped at a red light when another driver who was operating a Ford F-150 pickup truck crashed …
The civil trial regarding the Newark schoolyard shootings abruptly ended this week as it was announced that the plaintiffs and the state of New Jersey reached a multi-million dollar settlement.
Throughout trial, the plaintiffs alleged that the state …
An individual died in a single car crash on the Garden State Parkway this past week. The crash occurred shortly before 7am. The vehicle struck the guardrail in the southbound lanes of the Garden State Parkway. The accident happened at milepost 117. …
Three adult individuals were taken to South Jersey Healthcare Regional Medical Center after they were involved in an accident involving a tractor-trailer and an SUV according to a report on www.nj.com. The initial information about the accident came …
In the near future, pedestrians in Metuchen will be able to waive bright colored flags as they cross the street. The new program will soon make these bright colored flags available to individuals so they may waive the flag in an attempt to prevent a …
The attorneys at The Noonan Law Firm LLC proudly announced a six figure settlement on behalf of one of their injured clients today. The client, had suffered a fall down accident at a Monmouth County supermarket. The injury was the result of an …
According to www.nj.com , Assemblyman O'Scanlon, who is the representative from the 13th district of New Jersey, is urging local homeowners who have been affected by Hurricane Sandy to consider waiting to have all of their repairs done to their …
Super-storm Sandy caused tremendous destruction across the New Jersey coastline. Many individuals had flood insurance, however, some individuals did not have any coverage at all. Other individuals did not have adequate insurance coverage to ensure …
On October 22, 2012, Hurricane Sandy was born in the Atlantic Ocean. The storm devastated the Caribbean before heading up the eastern seaboard and causing destruction in New Jersey and many other states.
Sandy developed as a tropical wave in the …
A former city employee of an Ohio city has filed a discrimination lawsuit over discrimination due to alcoholism.
The individual has sued the Ohio city for being discriminated against when he was terminated for consuming alcohol during one of his …
A 16 year old girl who lives in Patterson New Jersey suffered a very serious head injury when she fell from a school bus according to www.nj.com.
A lieutenant of the Rutherford police department told www.nj.com that the girl has been taken to …
According to the patch.com , thirty-five people were injured after a commuter bus and a school bus collided in Old Bridge township. The bus originated in Toms River and had made multiple stops along the way. According to police, the accident occurred …
New Jersey ferry crashed into Pier 11 at Wall Street this morning. Fifty seven people are thus far been reportedly injured. Officer Sophia Tassy, a spokesperson for the New York Police Department stated that many of the individuals have been …
According to various news outlets including www.nj.com , three people have been killed in a major motor vehicle accident. The crash involved passenger vehicles but also involved two tractor trailers. The major crash and subsequent investigation …
Salem County Worker falls to death
A worker from Salem County New Jersey fell to his death while the individual was performing routine maintenance on an 80 foot water tower. During the accident, another individual fell and was trapped, however, that individual survived. The two men who were working high up on the water tower were employed by Corrosion Control Corporation of Pedricktown. Both individuals fell inside the tank while the maintenance was taking place. The one man, was not wearing a safety harness and that individual fell to the inside of the tank and died. The other individual, who was wearing a safety harness was left suspended in the harness inside the tank. He was later rescued. The cause of the accident is presently unknown however some reports seem to indicate safety equipment may have failed and lead to the fall. There was a third individual at the scene who called 911 after the fall occurred. As of the writing of this blog, none of the workers names had been released. The individual who was wearing the safety harness did suffer unidentified injuries and was transported to a local hospital. His condition is presently unknown. The United States Occupational Safety and Health Administration (OSHA) was present on the scene after the accident. OSHA is the government entity which controls, monitors and sets standards for workplace safety. The Corrosion Control Corporation of Pedricktown is a company which has been involved in water, wastewater power and chemical type work for the past 32 years. The individuals who were injured were hired by the company to perform the maintenance on the tower.
109 Million dollar verdict
The failures of a West Penn Power Company lead to a verdict last week of 109 million dollars. The verdict was the result of a horrific circumstance which took the life of an Irwin women. The jury clearly wanted to send a message to the power company that safety failures are not acceptable. The major issue throughout the trial was whether the power lines were installed correctly. The plaintiffs alleged they were not and that this improper installation is what lead to the death of the young mother. The accident occurred when the plaintiff, Mrs. Goretzka, was home with her two daughters and her mother-in-law. It was a clear afternoon. The power to her home went out and when Mrs. Goretzka looked outside, she saw trees in her back yard on fire. She then grabbed her cell phone from her car and called 911 from the side yard. This is when a power line fell on her which caused her to catch fire. Her mother-in-law tried to help her but horrific injuries had already been suffered. She lost her left arm and then eventually passed away. Throughout the trial the plaintiffs contended that West Penn was responsible for epidemic failures which lead to this horrific accident. Mr. Goretzka had reported in 2004 that the power lines in their yard were falling for a second time. At that time, West Penn stated that they would not be paying for any claimed damage as a result of the incident. According to one of the jurors, the jury afforded significant weight to the fact that power lines had previously fallen in the Goretzka's yard. Additionally, the plaintiffs were able to establish that the power company has been putting lines up incorrectly for decades and some of the witnesses even admitted that they are still incorrectly installed to this very day. In closing argument, a West Penn attorney attempted to argue that Mrs. Goretzka was contributorily negligent for not looking up for the falling power lines and additionally contributorily negligent for staying in the area. The plaintiffs countered stating that such an allegation was highly offensive based upon the facts of this case.
Suit against city of Denver resolves for 190,000.00
A lawsuit was brought against the Denver Police Department and an individual officer and his chief. The suit alleged that the officer acted with excessive force when the officer shot and killed a suspect in 2007. The suit was originally filed three years ago and sought damages in the amount of 10 million dollars. The city council recently approved the 190,000.00 settlement. In the suit, the victim's wife alleged that her husband's death was not justified. On December 18, 2007, the victim was shot six times in southwest Denver between West Ada Place and South Hazel Court. The plaintiff alleged that the officer shouted he was going to kill the victim then shot the victim as he was attempting to flee. The plaintiff additionally alleged that the officer shot the victim five more times without justification. It should be noted that the district attorney did investigate this shooting and found the shooting to be justified. The district attorney did not charge the officer involved. The city has commented through it's attorney that the settlement is fair and spares the city the additional cost of litigation. The above described action involves an action against a state entity for claims of wrongful death. If this case were brought in the state of New Jersey, the plaintiffs would need to comply with certain procedural requirements in order to make a recovery.
Fireman hurt in blaze
A fire which destroyed a home in Morristown also caused an injury to a local fireman. The fireman who was injured was taken to Morristown Medical Center in an ambulance. The extent of the fireman's injuries were not known at the time of the writing of this blog. According to various internet sources, the fireman's arm went numb while he was fighting the fire. It was unclear if the fireman suffered other injuries. The fire was first reported by a local Morristown councilwoman who reported the blaze after she saw smoke pouring from the home. Two homes which are directly adjacent to the home which caught fire were damaged by smoke. In the state of New Jersey, the duty a landowner has to the person who comes onto his or her premises depends largely on the status of the person who is on the land. In other words, if the individual is a trespasser, an invited guest or is there for business, the landowner may owe the person on their land a different legal duty. However, there is a separate category which encompasses individuals who are present on another persons land for purposes of an emergency. This is often referred to as the fireman's rule though the rule covers both firefighters and police officers. In a New Jersey Supreme Court case named Krauth, Chief Justice Weintraud explained the policy underlying the fireman's rule. The Chief Justice wrote that the rational behind the fireman's rule is grounded in an assumption of the risk and that the defendant did not owe a duty to the fireman. The crux of the rule is that the fireman should not be permitted to complain of negligence in the very hazard which engages him or her and requires their services.
Melrose Place Actress Convicted
Actress Amy Locane-Bovenizer stood in court today as she was convicted of assault by auto and vehicular homicide in connection with a DWI crash in Montgomery Township that killed a woman and also left her husband critically injured. According to NJ.com, the jury acquitted Ms. Locane-Bovenizer of aggravated manslaughter. When the actress is sentenced, she will face 5 to 10 years in a New Jersey state prison on the vehicular homicide charge. The assault by auto charge may also carry 5 to 10 years in a New Jersey state prison, which may run consecutive to the vehicular homicide charge. This means that the two sentences could total between 10 and 20 years in a New Jersey state prison. The actress also faces penalties for DWI and other motor vehicle related offenses, which stem from the incident. The trial of the actress has lasted a month and a half. The defense has argued that this was an accident and a set of unusual circumstances, which caused this crash. The prosecutors office has argued that it was Ms. Locane-Bovenizer's criminal reckless conduct which was the result of the crash. According to the prosecutors office, Ms. Locane-Bovenizer's blood alcohol level was three times the legal limit when she crashed her truck into the victims. In the crash, Helene Seeman was killed and her husband was injured. Under New Jersey law, aside from the obvious ensuing criminal punishment, Mr. Seeman may be able to seek compensation from the Melrose place actress. When a deadly motor vehicle accident occurs, an administrator of the individual who was killed ,may seek compensation from the wrongdoer pursuant to New Jerseys Wrongful Death Act. Under the act, the victim's family may be able to recover for loss of services, companionship, support and wages. Additionally, the victim's family may be able to recover for the pain and suffering in which the victim suffered.
Car accident on the New Jersey Turnpike
A seven car motor vehicle accident occurred on an extension of the New Jersey turnpike. The vehicle crash caused a tremendous backup on the turnpike. Because of the major backup, ambulances were having a difficult time reaching the victims of the accident. According to the New Jersey state police who were investigating the accident, the crash occurred in the eastbound lanes around mile maker 2.7. This is just east of a nearby bridge. The only comment offered by the New Jersey state police is that the investigation is still active and they would not be releasing additional information about the motor vehicle accident. According to an article on www.nj.com, the crash caused a three mile backup. In the state of New Jersey, every individual who drives a vehicle is required to have car insurance. If an accident occurs, and a lawsuit is filed which seeks compensation for personal injury, the individuals who will be defending the suit will be the at fault parties insurance company. In defending the action, often times the insurance company will raise what is known as the verbal threshold defense. The verbal threshold defense is derived from an NJ statute which says that, in certain circumstances, the individual who is hurt will not be able to recover for personal injury unless the individual demonstrates that they suffered a specific type of injury. One type of injury in which an individual can recover for is a permanent injury or a compound fracture.
Deadly Car Accident In Freehold Township
On Thursday October 25, 2012, the Monmouth County Prosecutors office announced that an individual was killed in a motor vehicle accident after their car crossed into oncoming traffic and collided with numerous other cars on County Road 537 in Freehold, New Jersey. The driver of the vehicle was traveling east on County Road 537 when the driver crossed the double yellow lines and headed into the westbound lanes causing a multi car accident. It has not been reported what caused the vehicle to cross the double yellow lines. The motor vehicle accident took place on Wednesday October 24th. The name of the driver who was killed in the motor vehicle accident was not released because the individual's next of kin had not yet been notified. As of the writing of this blog, it did not appear the other individuals who were involved in the car accident suffered life threatening injuries. The New Jersey State Police initially responded to the scene and began the investigation of the accident. The investigation was later turned over to the Freehold Township Police Department who is now investigating the crash with the Monmouth County Prosecutors Office. When a motor vehicle accident occurs one or more of the drivers involved in the accident may bear civil responsibility for injuries which result from a motor vehicle accident. Depending on the circumstances of the accident, an injured party may be able to recover for his or her injuries after a motor vehicle accident. Additionally, depending on the specific facts and circumstances, an individual's family may be able to recover compensation if there loved one is killed in a motor vehicle accident. Obviously, the ability to recover monetary compensation after a motor vehicle crash is highly dependent on the specific facts and circumstances of the crash, including which party bears responsibility for the accident.
Justice Roberts' opinion on Obamacare demonstrates the American legal system is the greatest in the world
With a swipe of the pen, or more appropriately, a strike of the return key, Justice John Roberts reaffirmed the integrity of the American legal system. In a time when political beliefs have created a sharp divide through our county and in all facets of our government, Roberts' opinion shows that the rule of law still wins the day in the United States. Roberts has been labeled a politically motivated Jurist who finds a way to push a conservative agenda and to render decisions in favor of the republican base. Well......Roberts affirmed Obamacare. Take that naysayers. Take that, people who accuse our legal system of being infected by political motivations. The "shining judicial star of the right", Justice John Roberts, went with his interpretation of the law when deciding a case, which will have political implications for decades. Roberts went with his legal reasoning. He put the rule of law above political motivation. He reaffirmed the notion that the American legal system is the best in the world, because, our Judges, and our Justices, still rise above political beliefs to rule in a way which they believe, is supported by law. The Roberts' decision was handed down with a 5-4 vote, favoring the health care law. The majority's justices were, Chief Justice John Roberts, Justice Ginsburg, Justice Breyer, Justice Sotomayor, and Justice Kagan. Justice Scalia, Justice Kennedy, Justice Thomas, and Justice Alito formed the dissenting opinion, or the individuals on the Court who did not agree with the Supreme Court's ruling. In many Supreme Court cases, Justine Kennedy is the swing vote. In other words, often times the Supreme Court finds the conservative Justices, or the republican appointed Justices favoring one interpretation of the law while the liberal Justices or the democratic appointed Justices favor the contrary position. Justice Kennedy, a moderate Reagan appointed Jurist is usually the deciding vote. Kennedy sided with the conservatives, a move, which was almost certain to result in the sounding of the death knell to Obamacare. However Justice John Roberts, like Babe Ruth leaving the Sox, left the red and joined the blue.
Background on The U.S. Supreme Court and upcoming decisions
The Supreme Court of the United States is the highest Court of the nation. The Supreme Court is made up of nine different justices that are appointed and serve their term for life. But where do they get their power? Their power stems from Article III of the United States Constitution. Section 1 of Article III states, "[t]he judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish." In sum, this shows that there is to be one court that is the highest court of the nation, where other lower courts are inferior to it, and they may be established if Congress feels the need. Section 2 of Article III lays out what types of cases the Supreme Court may hear, for example, cases arising from the Constitution, the law of the United States, controversies between citizens of different states, and many more. Although the Constitution does not explicitly state that the Supreme Court may have the power to review the cases, it was established in one of the first cases heard by the Supreme Court. In a landmark decision written by Chief Justice John Marshall, he wrote in his opinion of Marbury v. Madison, "[i]t is emphatically the province and duty of the Judicial Department to say what the law is." Therefore, from Marbury v. Madison the Court set out its ruling that it is the role of the Judicial Branch to say what the law is, meaning they interpret the law of another branch in order to find its constitutionality. If a law is in conflict with the Constitution the Court has the power to overturn the conflicting law. It also shows how the separations of powers work in our great country. For example, if the legislature makes a law that is challenged in the judicial system, the judiciary has the power to review the new law and decide if it is constitutional or unconstitutional. The current Court is facing some landmark decisions in the very near future. For example, the Supreme Court has heard the healthcare case, and as of now, America is waiting for the opinion. The opponents to the law have said that Congress has overstepped its boundaries; therefore the law is unconstitutional by issuing an insurance mandate. On the other hand, the Obama administration says it is permissible because they are using their constitutional power under the commerce clause, because the law regulates interstate commerce. As of right now, the current Court has a majority of conservative justices' but not by much. The Court, as stated above, has the power to review and interpret the law. They will be deciding if it is Constitutional. The healthcare law is very complicated, has many variables, and different provisions. Therefore, because of the different sections of the law, the Supreme Court may uphold the whole law, strike down the whole law, or issue a mixed verdict, upholding and striking down different parts of it. Whatever the Supreme Court rules, it would have a major impact on our society today. If it were upheld, it would be key for Barack Obama winning this year's upcoming presidential election. On the other hand, if the law were struck down, it would be a major blow to Obama's chances on a second term. It would also have major impacts on the insurance industry, the states, and the citizens of the United States. It will affect a large amount of people, rich, poor, young, or old. The upcoming decision in Florida v. United States Department of Health and Human Services has the potential to be one of the Supreme Court's landmark decisions. References the U.S. Constitution
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