Personal Injury Law Journal

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.

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.

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.

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.

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.