Princeton Office
Saturday, May 19, 1:43 pm
Jury Awards Hamilton Woman $1 Million for Injuries Sustained in Sam’s Club
On March 13, 2012, a Mercer County civil jury awarded Hamilton resident, Patricia Newton $1,000,000 for injuries she sustained as a result of being struck by a Sam’s Club flat bed cart on April 27, 2009. The jury found that Sam’s Club was 70% liable while Defendant, Yintak Chong was 30% liable. Plaintiff was represented by Princeton attorney, Edward Harrington Heyburn, Esq. Mrs. Newton sustained a severe laceration to the back of her left leg after Mr. Chung pushed a cart into her. Plaintiff called orthopedist, David Lessing, M.D. Who testified that the laceration severed several of Plaintiff’s nerves causing a loss of sensation, scar and deformity to the underlying muscle. At trial the plaintiff was able to show that a Sam’s Club associate helped Mr. Chong load the cart with boxes of chicken. The boxes were loaded above Mr. Chong’s head making it impossible for him to see what was in front of him as he pushed the cart forward. The Hon. Pedro Jimenez, J.SC. presided over the four day trial. Sam’s Club was represented by Richard Millett, Esq. of Somerville, New Jersey. Mr. Chong did not have an attorney after his home owner’s insurance company disclaimed coverage.
We have moved!
Please note that we have moved to:
103 Carnegie Center Drive
Suite 300
Princeton, New Jersey 08540
Tel. (609) 259-7600
Fax (609) 259-7303
heyburn@heyburnlaw.com
Pedestrian Crosswalk – Stop!
Newjerseynewsroom.com reports:
28 walkers killed this year
A new New Jersey state law goes into effect Thursday that mandates that motorists must stop — and remain stopped — for pedestrians in the crosswalk.
In the past, motorists were required only to yield to pedestrians in a crosswalk.
State Attorney General Paula T. Dow and Division of Highway Traffic Safety Director Pam Fischer are traveling the state Thursday to remind New Jerseyans of the change.
“For years, too many pedestrians have been dying in traffic accidents in New Jersey,” Dow said. “With these changes to our law, motorists and pedestrians will no longer have to play a game of chicken when it comes to maneuvering on our roadways. The law brings new clarity that drivers must stop and remain stopped for pedestrians at intersections and crosswalks, and pedestrians, in turn, must use due care and not jaywalk or step into traffic outside of those crossing points.”
Motorists who violate the law face a $200 fine, plus court costs, and 2 points on their license. They can also be subject to 15 days of community service and insurance surcharges.
Pedestrians may also be cited under state law for failing to use due care when crossing. The law requires them to obey pedestrian signals and use crosswalks at signalized intersections as well as yield the right of way to traffic if they are not crossing within a crosswalk or at an intersection. Failure to comply with the law carries a $54 fine, plus court costs.
Fischer noted that since 2004, approximately 150 pedestrians have been killed annually in traffic-related accidents in New Jersey. Last year, after a three-year downward trend, the number of pedestrian deaths statewide increased to 157.
As of Friday, 28 pedestrians have been killed as compared to 48 for the same time period last year. Additionally, since 2004, more than 30,000 pedestrians have been injured in motor-vehicle related crashes statewide.
To educate people about the new law, the Division of Highway Traffic Safety has developed an oversized palm card, similar in size to a traffic ticket, that outlines the changes as well as the penalties for failing to comply. The card will be distributed to all police departments in the state, and made available to high school driver education teachers and defensive driving program providers. The new law will also be detailed in the New Jersey Driver Manual.
Fischer said her agency will be working with police to educate both motorists and pedestrians about the change in the law.
“We’re asking law enforcement officials, when interacting with motorists and pedestrians, to educate them about the change to the law, as well their respective duties and responsibilities when walking or driving,” Fischer said. “Our goal is to reinforce the importance of pedestrians always using crosswalks, their safety zone, and for motorists to recognize that when approaching crosswalks they must be alert for pedestrians and stop and stay stopped to allow them to cross safely.”
“This new law complements our ongoing effort to enhance pedestrian safety on New Jersey’s busy roadways,” said state Transportation Commissioner Jim Simpson. “Since 2006, NJDOT has completed or funded 205 pedestrian safety initiatives, and just a few months ago we adopted a Complete Streets policy that promotes safe accessibility for all who share our roads.”
Fischer offers these safe walking tips for pedestrians:
Wear bright-colored, reflectorized clothing, especially at night.
Walk on sidewalks or paths and always cross at the corner, within marked crosswalks if provided. If there are no sidewalks, walk facing traffic and make eye contact with motorists.
Never cross mid-block, between parked cars or by climbing over median barriers. This is against the law.
Look left, then right and left again before crossing, and always be on the look-out for turning vehicles.
Continue to look for vehicles while crossing, even when in marked crosswalks.
Learn the proper use of “walk/don’t walk” signals and obey them.
Walk and cross with others, when possible.
Do not attempt to cross while talking or texting on a cell phone. Pedestrian inattention is a common cause of pedestrian-motor vehicle conflicts.
Try not to walk at night or in bad weather, such as rain, snow or ice.
Backlash over sexting incident results in teen suicide
Previously, I have advised you of the legal implication of teens sexting. Unfortunately, criminal penalties are not the only consequences faced by sexting teens. Hope Witzel made a mistake and sent her boyfriend a nude picture. Her actions were met with an unforeseen response. She became the subject of threats and extreme peer bullying. The abuse became too great for this teen to bear and she took her life. Prior to her suicide, the teen reached out to a school counselor who, inexplicably was unable to alert Witzel’s parents. Now the school is looking at their culpability for failing to prevent this girl’s death.
Have you been defamed? Fact v. Opinion
Libel and slander are terms used by the public interchangeably but have different meanings. They both fall under the action we call defamation. Libel is when someone defames another in writing while slander is when someone defames you in spoken word. “At the heart of every action for libel or defamation is the threshold issue of whether the language used is reasonably susceptible of a defamatory meaning. It is well established that that question is one of law to be resolved by the court. Herrmann v. Newark Morning Ledger Co., 48 N.J. Super. 420, 429-30 (App.Div. 1958). Likewise, the critical issue in this case — whether the letter in question amounted to a statement of fact or an expression of opinion — is a question of law for the court. Rinaldi v. Holt, Rinehart & Winston, 42 N.Y.2d 369, 380, 366 N.E.2d 1299, 1306, 397 N.Y.S.2d 943, 950, cert. den., 434 U.S. 969, 98 S.Ct. 514, 54 L.Ed.2d 456 (1977). As a preliminary matter we therefore emphasize that the summary judgment procedure is particularly well suited to this sensitive area of First Amendment Law.” Kotlikoff v. The Community News, 89 N.J. 62 (1982).
Many times these issues arise in the workplace. For instance if your employer falsely accuses you of stealing money and tells your co-workers you stole money that would be slander. If they put the same comments in writing, it would be libel. If your employer said “in their opinion,” you are a thief, this would not be defamation. It is merely their opinion. If you have questions about defamation, please call me to discuss your rights and options.
Follow me on Twitter: http://twitter.com/NJInjuryLawyer
- Personal Injury
- Workers Compensation
- Criminal Matters
- Traffic Matters
- DWI/DUI
- Municipal Court
- Family Law, Divorce, Custody and DYFS Cases.
Call for a free consultation! (609) 259-7600
37 Robbinsville-Allentown Road, Robbinsville, NJ 08691
Tel. (609) 259-7600 Fax (609) 259-7303
heyburn@heyburnlaw.com
Too embarassed to sue?
When a person sues another person for injuries or damages, they may open up private details of their life for the public to see. Sometimes the concern for privacy will prevent a person from suing. New Jersey Courts will let someone file a complaint anonymously to prevent the public from learning their identity or personal details of their claim. Anonymous pleading is rare but permitted.
For instance, in Whalen v. Roe, 429 U.S. 589, 591, 97S.Ct. 869, 872, 51 L.Ed.2d 64, 68 (1977), a state statute was upheld that required a centralized computer file record of names and addresses of people who had obtained certain prescription drugs for which there was also an unlawful market. Cf. Doe v. City of New York, 15 F.3d 264 (2nd Cir.1994) (agency publicly disclosed the settlement terms of HIV infected plaintiff’s discrimination claim in accordance with New York City law despite a confidentiality clause in the settlement agreement; court determined that under the agreement plaintiff had a right to confidentiality in his HIV status, and it did not “automatically become a public record when he filed his claim with the Commission and entered into the Conciliation Agreement”); James v. Jacobson, 6 F.3d 233, 234-235 (4th Cir.1993) (plaintiffs allowed to proceed anonymously where they alleged that *503 their infertility doctor artificially inseminated plaintiff-wife with his own sperm rather than plaintiff-husband’s sperm); Doe v. Blue Cross & Blue Shield of Rhode Island, 794 F. Supp. 72 (D.R.I. 1992) (transsexual allowed to proceed anonymously against medical insurer in claim for reimbursement of sex change expenses); United States v. Westinghouse Electric Corp., 638 F.2d 570, 581-582 (3rd Cir.1980) (National Institute for Occupational Safety and Health permitted to obtain employee medical records so long as employees had prior notice and an opportunity to object).
Follow me on Twitter: http://twitter.com/NJInjuryLawyer
- Personal Injury
- Workers Compensation
- Criminal Matters
- Traffic Matters
- DWI/DUI
- Municipal Court
- Family Law, Divorce, Custody and DYFS Cases.
Call for a free consultation! (609) 259-7600
37 Robbinsville-Allentown Road, Robbinsville, NJ 08691
Tel. (609) 259-7600 Fax (609) 259-7303
heyburn@heyburnlaw.com
Who’s the Boss?
Federal Regulations such as those promulgated by the Occupational Safety and Health Administration give the construction industry and lawyers guidance on who is the boss and what their responsibilities are. For example a general or prime contractor has a non-delegable duty to make sure that construction workers have a safe place to work. O.S.H.A. also regulates when a “boss” has to make sure that workers are using safety equipment such as “fall protection.” Unfortunately, many of the “bosses” on a construction site put pressure on the construction worker to get the job done and abandon safe work practices. This often ends up in a catastrophic loss to the worker, the family or the public at large. The law says that the “bosses” are responsible and that may not just be the company signing the construction worker’s pay check. We investigate construction site accidents and determine who is responsible for the worker’s injuries. In doing so, we protect our client’s rights, get them compensated for their losses and put the legal responsibility where is should be, with the “boss.”
