In Castano v. Augustine, the New Jersey Appellate Division faced the legal question of whether a statute precluding intoxicated motor vehicle drivers from filing negligence actions applied to a situation where an allegedly intoxicated driver was neither charged with nor pleaded guilty to Driving While Intoxicated (‘DWI”). The statute, N.J.S.A.39:6A-4.5(b), states as follows: “Any person who is convicted of, or pleads guilty to, operating a motor vehicle in violation of [N.J.S.A.] 39:4-50, [N.J.S.A. 39:4-50.4a],[1] or a similar statute from any other jurisdiction, in connection with an accident, shall have no cause of action for recovery of economic or noneconomic loss
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Archives for Misc
Employee Who Voluntarily Left His Job After a Suspension Denied Unemployment Compensation By The New Jersey Appellate Court
In Sanseverino v. Board of Review, New Jersey Superior Court Appellate Division affirmed a state Department of Labor decision denying unemployment benefits to Dennis Sanseverino, because he voluntarily left his employment with Foulke Management Corporation without good cause. Sanseverino was a commission-based car salesman for Foulke Management between 2013 and 2018. After making a sale in January 2018, Sanseverino’s commission was reduced by $2,100 to repay a company pool of money he drew from on weeks that he did not have any sales. After learning about the reduction in pay, Sanseverino’s expression of anger toward his manager led to a
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New York Supreme Court Denies Motion for Protective Order Regarding Instagram Account
In Smith v. Brown, the Supreme Court of Bronx County, New York examined a motion for protective order regarding requests for admissions pertaining to the plaintiff’s Instagram account. The underlying case concerned a motor vehicle accident that purportedly resulted in serious injuries. The defendant served the plaintiff with requests for admission as to whether a certain Instagram account belonged to the plaintiff, whether the plaintiff had recently changed the account to “private,” and whether certain photographs and videos on the account belonged to the plaintiff and were taken after the subject accident. While most of the photographs on the account
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New Jersey Supreme Court Prohibits Introduction of Expert Opinions That Contradict Facts
In a unanimous decision, the New Jersey Supreme Court has reaffirmed its prohibition on “net” expert opinions that are contradicted by the facts. Townsend v. Pierre concerns a fatal automobile collision. The defendants included the owner of property at the intersection where the accident occurred, as well as the property lessee. The plaintiff contended that overgrown shrubbery blocked the view of oncoming traffic at the intersection. At her deposition, the defendant driver acknowledged that while her view of the intersection was initially blocked by the shrubbery, she edged forward until she had a clear view while turning. A passenger in
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Happy Thanksgiving!
Happy Thanksgiving from Clark & Fox.
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