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The New Jersey Supreme Court recently clarified that liability under the Comparative Negligence Act (“CNA”) can be apportioned to “phantom defendants,” those whom are known to have been involved in the accident but are unidentified. Krzylakski Decision In Krzylakski v. Tindall No. A-55-16 (N.J. April 17, 2018) Plaintiff Mark Kryzykalski was driving a car in the left lane of a road in Florence Township, New Jersey. Defendant […]

Biomechanical engineers are often used in motor vehicle accident cases to determine whether the forces generated in an accident were sufficient to cause the injuries allegedly sustained by a plaintiff. The information can establish the motion that the plaintiff made and whether that motion caused the plaintiff to impact the interior of the vehicle or move in a way that will exceed natural physiological […]

Working in the legal field, we have all met or will meet the lawyers that no one wants to work with, beside, or against. It is an unfortunate reality for any profession.  You were probably able to peg the members of your law school graduating class who will one day be those lawyers. We are taught early on to be a strong advocate for […]

Determining When a Business has Pierced the Veil As most professionals in the legal and insurance fields are aware, the law permits a business to incorporate for the purpose of permitting the business owner to escape personal liability as long as there is no co-mingling of funds and/or the privilege of the separation is not abused so as to permit the piercing of the corporate […]

Medical Marijuana in the Workplace Like numerous other states, New Jersey has approved the use of marijuana for medicinal purposes through the enactment of the New Jersey Compassionate Use Medical Marijuana Act (MMA), NJSA 24:61-1, et seq. In doing so, the New Jersey legislature has now thrust upon the courts the issue of whether marijuana “use” in the workplace has to be allowed by […]

After a slip, trip or fall it is imperative for a store employee or manager to properly document and preserve the scene of the incident. Obviously, the well-being of the customer is of utmost importance but as soon as everyone is safe and secure you should turn your attention to the scene to preserve evidence in anticipation of an impending lawsuit.  Below are five […]

What is a Diskectomy? A diskectomy is a surgical procedure to remove the damaged portion of a herniated disk.  Herniated disks can irritate or compress a nerve, which can cause pain, numbness or weakness in the neck, back, arms or legs.  A diskectomy is best used in the treatment of radiating symptoms but is less helpful for the treatment of actual neck and back […]

New Jersey Supreme Court issues ruling restricting the “mode-of-operation” doctrine. However, full impact of the ruling is hotly debated by plaintiffs, defendants, and even retired Judges. Generally, a proprietor’s duty to his invitee is one of due care under all the circumstances. An invitee seeking to hold a business proprietor liable in negligence must prove, as an element of the cause of action, that […]

Building a Case with Information on Social Media Accounts As an update to our recent article on the importance of social media-related discovery, the guiding principal remains what is “material and necessary” to the defense of the litigation.  Once the defendant has jumped that hurdle, the court will then have to determine whether the account holders’ rights to privacy outweigh the defendants’ rights to view […]

An Overview of Snow and Ice Related Premises Liability Standards for Pennsylvania, New Jersey, New York, Maryland, Delaware and West Virginia When snow and ice accumulate, property owners and occupants run the risk of liability in the event of a slip and fall accident.  The premises liability standards pertaining to snow and ice conditions can be complex due to evolving case law and the […]