Personal Injury Law Journal - News & Events

New Jersey Smart Drivers Pledge2Win

Stark & Stark — Thu, 23 May 2013 16:27:33 -0500

In recognition of Motorcycle Safety Awareness Month during the month of May, the Brain Injury Alliance of New Jersey will launch the Share the Road Pledge Campaign. This campaign is to encourage drivers to do their part in saving the lives of motorcyclists and help make our roads safer for everyone.

The Share the Road Pledge allows drivers to enter into the 2013 Pledge2Win contest with a chance to win up to $500 in gas cards!

To view the Pledge2Win flyer, click here.

For more information and to pledge online, visit njsmartdrivers.org/pledge2win.

Attorney Michael A. Brusca Authored Article in US1

Stark & Stark — Fri, 17 May 2013 14:50:18 -0500

Stark & Stark attorney Michael A. Brusca in the firm’s Nursing Home Litigation Group authored the article “Pressure Ulcers- Catastrophic Negligence,” published in US1 on May 15, 2013. The article discusses pressure ulcers, or bed sores, which many patients of nursing homes, asssisted living facilities, hospitals, group homes and rehab facilities develop.

Mr. Brusca how pressure ulcers are developed, as well as what needs to be done to prevent them, as they can be lethal if left untreated.

Mr. Brusca explains, "Pressure ulcers are evidence of neglect. In fact, Medicare will not may for pressure wounds a patient develops in the hospital if the wound goes past Stage III- Medicare believes these should never happen absent neglect." One of the issues many care facilities face is minimum staffing levels. "Unfortunately, in these scenerios there is insufficient staff to make sure residents are appropriately repositioned and kept clean and dry. The terrible outcome is pressure ulcers."

To read the full article, click here.

Attorney Michael A. Brusca Authored Article in New Jersey Law Journal

Stark & Stark — Thu, 09 May 2013 10:56:13 -0500

Stark & Stark attorney Michael A. Brusca in the firm’s Nursing Home Litigation Group authored the article “Assisted Living Facility Litigation: An Overview,” published in the New Jersey Law Journal on May 6, 2013. The article discusses how and why assisted living facility (“ALF”) litigation is on the rise.

Mr. Brusca explains that ALFs have become profitable for investors, which creates natural tension “especially when profit may be increased by decreasing staff levels and competence.” There is a lack of a uniform and specific regulatory structure amongst ALFs, which could potentially lead to a significant variation in levels of care and service.

Mr. Brucsa states, “ALF litigation is on the rise, and there is no inclination that this trend is likely to reverse. However, understanding how to properly handle these complex claims is important to protecting your client’s rights.”

To read the full article, Click Here.

Shareholder Carin O'Donnell to Present Pennsylvania Bar Institute Seminar

Stark & Stark — Mon, 22 Apr 2013 13:00:14 -0500

Stark & Stark Shareholder Carin O’Donnell will be presenting at the seminar “How to Conduct am Effective Direct and Cross Examination,” through the Pennsylvania Bar Institute. The seminar will be held at the PBI Conference Center in Mechanicsburg, PA on Tuesday April 23, 2013 at 9:00am, and at the CLE Conference Center in Philadelphia, PA on Tuesday, April 30, 2013 at 9:00am. Attendees can earn up to three substantive CLE credits and one ethics CLE credit.

The seminar will discuss the must-do approaches and the pitfalls to be avoided when questioning a witness in a mock direct and cross-examination. Attendees will learn how to capture the attention of everyone in the courtroom and discover how to enhance the impact of a witness’s testimony and get the desired effect on the court and/or jury. Topics that will be covered include the beneficial questioning of witnesses, overcoming evidentiary issue hurdles, keeping the rapt attention of your audience, preparing your witness to present their “story”, and organizing and structuring your performance in the courtroom.

For more information, including details about tuition, click here.

Stark & Stark Shareholder Wins $1.5M Settlement for Client Suffering from Mild Traumatic Brain Injury

Stark & Stark — Fri, 15 Mar 2013 13:53:29 -0500

Stark & Stark Shareholder Bruce H. Stern was featured in the March 11, 2013 edition of the New Jersey Law Journal section of “Suits & Deals” for his recent victorious settlement of $1.15M. His client, Edward Condiracci, slipped, fell and hit his head on snow covered ice, leading to mild brain trauma. Side effects from the injury, which included diminishing his concentration ability, prevented Mr. Condiracci from being able to return to work. He was an employee and 10 percent owner of Electronics Design Group, but was forced to sell his shares in the company and retire. The two defendants, Jeremy Halpern, the homeowner, and JW Custom Homes LLC of Newfoundland, the construction company at the home, were both held equally responsible for the injury.

To read the full article, click here.

Protecting Young Drives through the Controversial Kyleigh's Law

Stephen M. Di Stefano — Mon, 18 Feb 2013 08:16:39 -0500

You may have heard about a controversial decal law for young drivers in New Jersey, known as Kyleigh’s Law, which requires intermediate driver’s to place a small red sticker on the front and back license plates of any vehicle they operate so that police can see that the driver lacks a full-privilege license. Intermediate drivers are limited to one passenger unless accompanied by an adult. In New Jersey, drivers can get a learner’s permit at age 16, an intermediate license at age 17 and full licensure at age 18. A recent study by the Children’s Hospital of Philadelphia shows that the decal law has reduced crash rates among teens by 9%. The lead researcher of the study states that the law prevented more than 1,600 crashes in the year after the law was changed to reflect the decal requirement.

The law is named for Kyleigh D’Allesio and Tanner Birch, who were killed in 2006 by an intermediate driver carrying more than the allowed number of passengers. Revisions that were made after the law’s passage also made the curfew 11:01 p.m. instead of midnight. In the recent study, CHOP researchers reviewed the rate of police-reported crashes for teen drivers and noted the kind of license involved in each case. They compared monthly crash rates for about two years before the law went into effect on May 1, 2010 to the 13 months afterward. You may recall the controversy and debate surrounding the law when it went into effect. Initially, many were concerned that the law might infringe upon residents’ privacy rights or, worse, put them in harm’s way. Although the law’s purpose is to make the drivers more apparent to law enforcement, some have argued that the red decals stickers have an unintended but dangerous consequence: they might make the drivers more visible to criminals and predators.

In sum, supporters of the law argue that the law is aimed to protect young drivers and that there is no evidence that young drivers will be placed in danger by the decals, whereas critics say that the law dangerously targets young drivers. Some doubt whether the law really prevented 1,600 teen deaths. State Senator Jennifer Beck has doubted whether the decal really was as effective as the study indicated: "That a tiny little sticker could prevent 1,600 deaths — that just seemed too fantastic," said the senator. She, along, with state Sen. Christopher "Kip" Bateman, is sponsoring a bill to undo the decal requirement. According to Sen. Beck, "It probably had a role, but I don't think it was the sole factor."

Stephen Di Stefano is an attorney in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Di Stefano.

Stark Shareholder Featured in Article for His Involvement with Community Fundraiser

Stark & Stark — Wed, 09 Jan 2013 10:08:43 -0500

Tyler Tomlinson, Shareholder in Stark & Stark’s Accident & Personal Injury Group, was featured in the article Volunteer turn out, Byers’ Choice Kicks in $25k to help save Kids Castle in The Reporter on January 6, 2013. The article discusses the community movement to save Kids Castle, a large and incredible playground in Doylestown, PA which is in need of being restored and maintained. Tomlinson is the Save Kids Castle community liaison who helped coordinate this fundraiser.

Over 100 volunteers, families and children attended an event on December 8th, which helped spread the word about the fundraising challenge. Since then, over $50,000 has been raised, helped largely by a $25,000 matched donation by Byers’ Choice Ltd.

Mr. Tomlinson said, “It is heartwarming to see the community come together to revitalize such a magical place for our children.” He went on to explain, “Because of the efforts of the community, and the generosity of Byers’ Choice, we only need to raise an additional $100,000 by March 31 in order to fully renovate and restore the iconic castle with new play features.”

Donations for Save Kids Castle will be accepted through the website www.SaveKidsCastle.org.

To read the full article, click here.

Move Over. It's the Law.

Stephen M. Di Stefano — Mon, 07 Jan 2013 08:00:37 -0500

You may have seen signs on the highway declaring Move Over. It’s the Law. What does that mean? Do you know what the law requires you to do when you are driving and approach an authorized stationary emergency vehicle, tow truck, highway maintenance or emergency service vehicle? If not, you should be aware that on January 27, 2009, then-Governor Jon S. Corzine signed into law a bill that requires drivers approaching stationary emergency vehicles, tow trucks and other highway safety vehicles displaying certain flashing lights to move over one lane or, if not safe to move over, then to slow down below the posted speed limit. This is known as the New Jersey Move Over Law. This traffic safety law was written to protect emergency personnel. The law also aims to increase safety on the roadways and to reduce the number of injuries and fatalities that can occur when you are approaching an emergency situation on the roadway.

The specific New Jersey Statute section is 39:4-92.2. The actual statute reads as follows:

New Jersey Statute 39:4-92.2

Procedure for motorist approaching stationary authorized emergency vehicle, tow truck, highway maintenance or emergency service vehicle.

1. a. The operator of a motor vehicle approaching a stationary authorized emergency vehicle as defined in R.S.39:1-1 that is displaying a flashing, blinking or alternating red or blue light or, any configuration of lights containing one of these colors, shall approach the authorized emergency vehicle with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:

(1) Make a lane change into a lane not adjacent to the authorized emergency vehicle if possible in the existing safety and traffic conditions; or

(2) If a lane change pursuant to paragraph (1) of subsection a. of this section would be impossible, prohibited by law or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

b. The operator of a motor vehicle approaching a stationary tow truck as defined in section 1 of P.L.1999, c.396 (C.39:3-84.6) that is displaying a flashing amber light or a stationary highway maintenance or emergency service vehicle that is operated by the State, an authority or a county or municipality and displaying flashing yellow, amber, or red lights shall approach the vehicle with due caution and shall, absent any other direction by a law enforcement officer, proceed as follows:

(1) Make a lane change into a lane not adjacent to the tow truck or highway maintenance or emergency service vehicle if possible in the existing safety and traffic conditions; or

(2) If a lane change under paragraph (1) of subsection b. of this section would be impossible, prohibited by law or unsafe, reduce the speed of the motor vehicle to a reasonable and proper speed for the existing road and traffic conditions, which speed shall be less than the posted speed limit, and be prepared to stop.

c. A violation of this section shall be punished by a fine of not less than $100 and not more than $500.

So, the next time you are driving in New Jersey and see a stationary authorized emergency vehicle, tow truck, highway maintenance or emergency vehicle, you should make sure to follow this law. Keep in mind that if you do not move over or slow down, you could be punished with a fine of $100 to $500. In this economy, that’s a lot of money. No points will be assessed for the offense, however, you also need to keep in mind that when the state refers to “points” it means points added to your New Jersey driving record. It does not mean that your insurance company won’t assess points to your driving record with that insurance company. This means that if you get a ticket for breaking this the Move Over Law, there is a chance that your insurance rates could go up. The moral of the story is always drive safely and be sure to obey the New Jersey Move Over Law as well as all other laws. If you have any questions about this law, or if you have been injured as a result of an accident or incident where someone violated this law, please contact me.

Stephen Di Stefano is an attorney in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Di Stefano.

Stark Shareholder Featured in Article for his Award for Service from the Mercer County Bar Association

Stark & Stark — Fri, 30 Nov 2012 11:52:50 -0500

Albert M. Stark, Shareholder in Stark & Stark’s Accident & Personal Injury Group, was featured in The Trentonian newspaper for his recent honor of being presented with the prestigious Michael J. Nizolek Award for Service by the Mercer County Bar Association at its annual Foundation Dinner Dance last month.

The award, which honors and recognizes an individual for unselfish contributions to both the legal profession and community, was created in 1995 in memory of Michael J. Nizolek who served as a past-president of the Mercer County Bar Association.

The article states that Mr. Stark “has pioneered the use of video and demonstrative evidence in the courtroom, and his victories have led to safer cars, bicycles, recreational vehicles, industrial equipment and roads. He has received awards recognizing his expertise, advocating for people with brain, spinal cord and burn injuries.”

You can read the full article here.

Be Careful This Holiday Season

Stephen M. Di Stefano — Tue, 27 Nov 2012 17:32:07 -0500

With the winter months approaching and the holiday shopping season upon us, please be sure to take extra care when you are driving and when you are walking to and from your car. As temperatures fall, ice can easily form on roadways, driveways, steps, parking lots, sidewalks, and walkways. Think you can’t slip and fall on ice because there’s been no snowstorm? Think again. Oftentimes, people slip and fall on ice in areas where there has been no snowstorm at all or after the storm has long passed through the area. Ice can form from the slightest amount of water or liquid on the ground. What typically causes most slips and falls on ice is a dangerous melt and re-freeze scenario. This occurs when ice or snow melts as temperatures rise, frequently in the daytime. The snow or ice melts and begins to form puddles of water. When temperatures begin to fall as the sun sets, the puddles frequently turn into patches of ice, thus putting pedestrians at risk for slips and falls and drivers at risk for skidding. Many businesses put rock salt and sand down after a snow or ice storm, but once the storm passes they rarely remember to continue to look for patches of ice from melt/re-freeze situations. This means that you now must be extra careful when walking or driving. What might look like a harmless puddle of water could actually be black ice. If you walk over it, you might slip and fall. If you driver over it, you could lose control of your car and cause a crash. Asphalt and concrete surfaces are extremely hard and can get extremely slippery from ice, so always pay extra attention when you are walking to and from your car. If, unfortunately, you do slip and fall from ice on the ground, call me to discuss your situation. I am here to help you. The same is true if you get into a car crash from a patch of ice in a parking lot. If you are injured as a result of ice on the ground, you may want to take photos of the area to help prove that there was ice on the ground. Many times, people return to take photos of an area where they have fallen, only to discover that the ice has melted by the time they returned to the site of their injury. If you see ice as you are walking, try to safely avoid the area. Try to walk in well lit areas where it will be easier to see ice that has formed. If at all possible, try to walk only in daylight when it will be easiest to see ice on the ground and ice will be more likely to have melted from sunlight and higher daytime temperatures. We hope you and your families have a safe holiday season and don’t ever need to call an attorney. But if you do unfortunately get injured or know someone who has been injured as a result of ice on the ground, call us to discuss the situation. We are here to help you.

Stephen Di Stefano is an attorney in Stark & Stark’s Marlton, New Jersey office, concentrating in Accident & Personal Injury Law. For more information, please contact Mr. Di Stefano.

Protecting Insurance Claims Resulting from Hurricane Sandy

Stark & Stark — Wed, 07 Nov 2012 13:50:25 -0500

We hope that you and your family and friends are safe and secure. As the recovery from the destruction caused by Hurricane Sandy continues over the coming weeks and months please know that we stand with you, ready to assist in every possible way. Please do not hesitate to contact any of our attorneys and let them know what can be done to help you or your family.

Michael Donahue, Esq., Stark & Stark shareholder and Third Vice President of the New Jersey Association for Justice (NJAJ) Board of Governors has shared some helpful information that he received from The American Association for Justice. The AAJ has developed a list of consumer tips to assist you with protecting your rights under your homeowners or small business insurance policy. To read this information Click Here.

The Privacy Dangers in Workers' Comp

Stark & Stark — Fri, 06 Apr 2012 10:47:44 -0500

Arthur Kravitz, Shareholder in Stark & Stark’s Workers’ Compensation Group, was quoted in the April 6, 2012 Lawyers.com article, The Privacy Dangers in Workers’ Comp. The article discusses the fact that when someone is injured at work, their privacy, in relation to their medical history and personal life, is often times invaded by insurance companies looking for evidence that can be used to deny their workers’ compensation claim.

Mr. Kravitz states, “What we’re seeing now are requests to rifle through records going back 10 or 20 years that often have no relevance to the claim. The second major privacy issue with workers’ compensation is the increasing use of social networks to investigate claimants. In some cases, insurers are even asking for the passwords to their claimants’ private Facebook accounts.”

You can read the full article online here.

Raise Money and Awareness For Organ & Tissue Donation With a Simple Click!

Stark & Stark — Fri, 16 Mar 2012 09:39:46 -0500

Kristyn Testa, a Legal Secretary in Stark & Stark's Lawrenceville, New Jersey office, underwent surgery this past October to donate her kidney to her brother, Michael. Michael was suffering from kidney failure and had been on dialysis for the past two years.

On Sunday April 15th Kristyn and her team will participate in the 17th Annual Dash for Organ & Tissue Donation Awareness in Philadelphia, PA. We'd like to help Kristyn and her teammates raise money, and awareness, for this great cause.

Visit Stark & Stark's Facebook page from March 15 - April 15 2012 and "like" us. For each "like" we receive, Stark & Stark will donate $1 to Kristyn's Team: Got Kidney?

For more information on the Donor Dash, and the Gift of Life Organization, please visit their website online here.

Do You Have Adequate Motorcycle Insurance Coverage?

Christopher M. Pyne — Fri, 27 Jan 2012 15:05:58 -0500

Most people DO NOT carry enough insurance. Unfortunately, motorcycle riders are often unfamiliar with their insurance coverage and limits.

The Motorcycle attorneys of Stark & Stark are offering a very informative free presentation on the differences between an automobile policy and a motorcycle policy as well as carrying proper and adequate insurance coverage. (See below for a full list of dates and locations!)

Don’t miss this FREE seminar! Bring your automobile and/or motorcycle insurance declaration page so we can review your individual policy for you.

The seminar is free, but space is limited, and light refreshments will be served. Please RSVP to Megan at 609-895-7307 or mcarney@stark-stark.com by February 24, 2012.

Thursday, March 1 - 6:00 PM
Stark & Stark Boardroom
401 Route 73 North
40 Lake Center Executive Park
Marlton, NJ 08053

Thursday, March 8 - 6:00 PM
Stark & Stark Community Room
993 Lenox Drive
Lawrenceville, NJ 08648

Thursday, March 15 - 6:00 PM
Stark & Stark Boardroom
777 Township Line Road
Newtown, PA 19067

Stark & Stark Attorney Obtains $250,000 Jury Verdict for Injured Home Depot Employee

Stark & Stark — Wed, 02 Nov 2011 10:27:03 -0500

Denise Mariani, of Stark & Stark’s Personal Injury Group, recently obtained a $250,000 jury verdict for Rosetta Martin of Trenton, New Jersey. Ms. Martin, a security guard at Home Depot, sued International Motor Freight of Newark after she was seriously injured in 2007 when a disgruntled IMF employee slammed his truck door on her right arm at the Home Depot Distribution Center in Cranbury, New Jersey.

An article in today’s Trentonian states, “After the jury found in favor of the plaintiff on Monday, Martin’s lawyer, Denise Mariani of the Lawrenceville-based law firm of Stark and Stark, issued a statement calling the verdict ‘fair in light of the serious injury’ Martin suffered. Mariani said the defense ‘tried to call (Martin) a liar, but the jury determined it was really the defense that was loose with the truth.’ The jury awarded Martin $200,000 for pain and suffering, $35,000 for medical expenses, and $15,000 for lost wages, said attorney J. Robert Bratman.”

Litigating Product Liability Cases in New Jersey

Stark & Stark — Wed, 17 Aug 2011 08:42:54 -0500

Michael G. Donahue, Shareholder in Stark & Stark's Accident & Personal Injury Group, will present a seminar entitled, Litigating Product Liability Cases in New Jersey, in conjunction with the New Jersey Law Journal as part of their Autumn CLE Package.

The seminar will take place Wednesday October 5, 2011 from 4:00 - 6:00 PM at the Sheraton Edison Hotel Raritan Center in Edison, New Jersey and on Thursday October 27, 2011 from 4:00 - 6:00 PM at the Woodcrest Country Club in Cherry Hill, New Jersey.

Mr. Donnahue will focus his presentation on:

Is it a case? Using the law and common sense in evaluation and initial investigations
Selecting the key players: retaining and working with expert witnesses
Capitalizing on discovery: using traditional and non-traditional techniques to maximize success
Preparing for trial: witness preparation, demonstrative evidence and focus groups
Presenting the case: coir dire to verdict

For additional information, or to register for the seminar, please visit the New Jersey Law Journal's website.

Stark & Stark Attorney to Serve as Co-Chair of New Jersey Association for Justice's 4th Annual Legislative Luncheon

Stark & Stark — Mon, 07 Feb 2011 09:53:17 -0500

Carlia M. Brady, member of Stark & Stark’s Accident & Personal Injury Group, will serve as the Co-Chair for the New Jersey Association for Justice's 4th Annual Legislative Luncheon along with Lynne M. Kizis, Esq. The luncheon is Sponsored by the Women Trial Lawyers Caucus and will take place Wednesday, March 30, 2011 from 12:00 PM - 2:00 PM at the The Crowne Plaza in Jamesburg, New Jersey. The luncheon will feature Barbara Buono as the Keynote Speaker.

The NJAJ Women Trial Lawyers Caucus seeks to advance the admirable and selfless philosophy in NJAJ's mission, to provide positive role models as women trial lawyers, to broaden the membership base of NJAJ to include women by informing them of NJAJ's membership services and mission, to provide a support system of women lawyers to network, socialize, form professional relationships and develop female leadership for NJAJ, to provide fellowship and mentorship to newly-licensed female lawyers who embark on a career of trial law, and to uphold the honor and dignity of the legal profession.

You can register for the luncheon online here.

Stark & Stark Attorneys Volunteer to Train Future Lawyers

Stark & Stark — Thu, 03 Feb 2011 08:20:11 -0500

Picture this. During week days, the Mercer County Civil Courthouse is a busy place for lawyers and parties to interact in order to help resolve disputes. If you drive by on a Saturday morning, however, the Courthouse is closed and the neighboring streets are typically empty of cars. This was clearly not the case on Saturday January 29, 2011, when students from over a dozen area high schools competed in the 29th annual New Jersey State Bar Foundation's Mock Trial Competition.

This year's mock trial case dealt with a pedestrian/motor vehicle collision on school grounds. Each party claims that the other side was driving/walking in a "distracted manner" as a result of the use of personal electronic devices such as a cell phone and an MP3 player. Attorneys from Stark & Stark volunteered nights and weekend hours to help high school students learn how to properly conduct a trial. Students learned the difference between a direct and a cross examination; how to present an opening statement and a closing argument to a jury; how to develop a case theory; the importance of speaking with witnesses; and learning how to become comfortable making presentations before standing room only spectator crowds in courtrooms.

Each school had to provide two trial teams. Accordingly, students had to be familiar with and comfortable presenting both sides of the dispute. As an attorney coach for several years, I have greatly enjoyed seeing high school students blossom and become seasoned moot court litigators, who confidently and creatively present their cases. I'm sure that some of these high school students who participate as lawyers or witnesses will go on to college and law school, and become successful trial attorneys.