Kenneth Vercammen (732) 572-0500

2053 Woodbridge Ave. Edison, NJ 08817

Ken is a NJ trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He was awarded the NJ State Bar Municipal Court Practitioner of the Year. He lectures for the Bar and handles litigation matters. He is Past Chair of the ABA Tort & Insurance Committee, GP on Personal Injury and lectured at the ABA Annual Meeting attended by 10,000 attorneys and professionals.

New clients email us evenings and weekends go to www.njlaws.com/ContactKenV.htm

Wednesday, March 30, 2016

Ear Injury In NJ

Ear Injury


Contact the Law Office of KENNETH A VERCAMMEN for Legal Representation
No one plans on being injured in an accident, whether it is a car accident, a fall down, or other injury caused by negligence. Speak with a personal injury attorney immediately to retain all your rights. Businesses are responsible for the maintenance of their premises. It is the duty of the site manager to inspect and keep the property in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to workers and persons lawfully thereon. If there is negligence, the careless party could be liable for the injuries caused. In the Event You or a Member of Your Family Suffers Serious Injury Due to the Negligence of Others....Know Your Rights INSURANCE COVERAGE: Some insurance industry figures estimate that over 20% of drivers are driving on our roads with no liability coverage! Many other drivers are underinsured for cases involving serious injuries. In New Jersey, you have the right to obtain uninsured/underinsured motorist coverage which protects you in the event that the negligent-at-fault driver is not adequately insured. An attorney can explain the rights and obligations associated with each type of coverage, and can assist you in discovering all available insurance. TIME LIMITATIONS: New Jersey law requires a victim to bring a claim for negligence within a specific time period, or legal action is barred forever. It is also critical to document and preserve important evidence related to a potential claim as soon as possible. An attorney can offer advice to ensure that your rights will not be jeopardized by the passage of time.
LEGAL ADVICE FROM INSURANCE COMPANIES: If an insurance adjuster asks you to sign a release or other legal document, and/or attempts to obtain a recorded statement in person or by telephone, and/or offers you legal advice or discourages you from speaking with a lawyer, BE CAUTIOUS! Insurance adjusters are not permitted to engage in the unauthorized practice of law. An injury attorney will offer advice that protects you, not the insurance company. It is the duty of the owner to properly and adequately inspect, maintain and keep the premises free from danger to life, limb and property of persons lawfully and rightfully using same and to warn of any such dangers or hazards thereon. You may be lawfully upon the premises as an employee or business invitee in the exercise of due care on your part. If severely injured, and the negligence was of someone other than your employer, you can retain an attorney to file a lawsuit for damages, together with costs of suit. Injured people in lawsuits can demand trial by jury. Jury trials are not permitted in workers compensation cases. The Appellate Division court in RAIMO v. FISCHERA __ NJ Super. __ docket 2201-03T5A held contractors duty of care for persons who come onto a construction site is governed by general negligence principles, which require a contractor to exercise reasonable care to maintain the site in a safe condition for any persons who the contractor may reasonably expect to come onto the site, rather than by the common law doctrine of premises liability, under which the landowners tort liability is determined by the injured persons classification as a business invitee, licensee, or trespasser.
WHAT TO TRY TO DO AT THE ACCIDENT SCENE IF INJURED
1. Stop . . . do not leave the scene of the accident. CALL 911, tell them where the accident occurred and ask for medical help if needed. 2. Notify the property manager or owner, if possible. Insist they observe where you were injured. 3. Get names and addresses of all witnesses. Witnesses will be a tremendous help to you in any subsequent court action if there is any question of liability involved. Get the names and addresses of as many witnesses as possible. If they refuse to identify themselves, jot down identifying features or the license plate numbers of their automobiles. Do not discuss the accident with the witnesses. Do not give the witnesses names to anyone but the police, your attorney or your insurance company. 4. While waiting for ambulance, write down- Accident Information Date __ Time __ Location __ Weather __ Area conditions __ 5. Summary of accident __ 6. Diagram of accident location 7. Seek medical care. If you have any reason to suspect you were injured in the accident, go to a hospital immediately or see a physician promptly. Youll want it on record that you sought treatment right away, not in a week or so. 8. Write down name of Security Personnel, Police Officers, Department and Badge Number, Ambulance crew, etc. 9. Do not assign or accept blame for the accident. - The scene of the accident is not the place to determine fault. Discuss the accident only with the ambulance and medical personnel, your attorney and with representatives of your insurance company. Give the other party only your name and address. - Be cooperative with the police. 10. Have immediate photos taken of accident site. 11. Call a personal injury attorney immediately, not a real estate attorney. Call Kenneth A. Vercammen- Trial Attorney Attorney At Law (732) 572-0500 When you need help the most, we will be ready to help you. 12. Never give a signed statement to the claims adjuster representing the property owners insurance company. The same goes for a phone recording. They may be used against you in court to deny your claim. Speak with your personal injury attorney first. If you have been injured due to the negligence of someone:
It is important that you -- 1. DO NOT discuss your case with anyone except your doctors and attorney. 2. DO NOT make any statements or give out any information. 3. DO NOT sign any statements, reports, forms or papers of any kinds, . 4. DO NOT appear at police or other hearings without first consulting with your attorney. INFORM YOUR ATTORNEY PROMPTLY of any notice, request or summons to appear at any hearings. 5. Refer to your attorney anyone who asks you to sign anything or to make any statement or report or who seeks information concerning your case. 6. Direct your doctor and other treatment providers not to furnish or disclose any information concerning your case to any entity other than your insurance company without YOU AND YOUR ATTORNEYS WRITTEN PERMISSION. 7. You may have insurance coverages such as Workers Comp, Blue Cross, Blue Shield or Major Medical which require prompt attention. However, be sure to have your treatment providers send bills immediately to all of your insurance companies. 8. Notify your attorney promptly of any new developments. Small things may be important. Keep your attorney informed. 9. Maintain accurate records of all information and data pertaining to your case. 10. If you or any witnesses should move, be sure to notify your attorney of the new address.
Financial Recovery if injured due to negligence of someone other than the employer
1. Kenneth Vercammen, Esq. Helps Injured persons A person who is injured as a result of the negligence of another person is what we in the legal profession refer to as a personal injury claimant. In other words, they have been injured as a result of an accident, and now wish to prosecute a claim against a negligent property owner and its insurance company. As the attorney of record, we will be bringing this action for the injured person. Therefore, I request that all clients do as much as possible to cooperate and help in every way. The purpose of this article is to describe the procedure that we may follow and give you sufficient instructions to enable you to assist us in this undertaking. Needless to say, helping us is just another way of helping yourself. Details on workers compensation cases are at the end of this article.
Clients should provide my office with the following 1. Any bills 2. All Hospital or doctor records in your possession 3. Photos of scars, cuts, bruises 4. Photos of damage to your clothes and property 5. Photos of accident site 6. Major Med Card 7. Paystub if lost time from work
2. Attorney- Client Confidential Relationship First, I want to thank our clients for giving me the opportunity to assist them in their case. I am a legal professional and I have great pride and confidence in the legal services that I perform for clients during our relationship as attorney-client. If you have concerns about your case, please call my office at (732) 572-0500. We feel that this case is extremely important not only to you, but to this office as well. This is not simply a matter of obtaining just compensation for you, although that is very important; we take professional pride in guiding our clients carefully through difficult times to a satisfactory conclusion of their cases.
3. Diary We want you to keep a diary of your experiences since your accident. In addition to this daily record, we also ask you to start describing a single day in the course of your life. Describe what you do when you get up in the morning, the first thing you do after you go to work, what type of work and effort you put into your employment, what activities you engage in after work, etc. In other words, we need you to describe the changes in your working life, your playing life, your life as a husband or wife or child or parent. In your written description of your day, we would appreciate your explanation in the greatest detail possible and in your own words how the accident and subsequent injuries have affected your life, your personality, and your outlook. Remember that suffering does not entail mere physical pain; suffering can be emotional and can be transmitted to your family, friends, and co-workers. Keep a diary of all matters concerning this accident-no matter how trivial you think it may be. You should include notes on the treatments you receive, therapy, casts, appliances, hospitalization, change of doctors, change of medication, symptoms, recurrence, setbacks, disabilities and inconveniences. If you have any doubt about the propriety of including some particular information, please call the office and let us assist you.
4. Record expenses You can also begin to set up a system for recording the expenses incurred in conjunction with your claim in minute detail. Medical and legal expenses are a strong part of the value of your lawsuit, so good records of these expenses must be kept at all times. From time to time, however, there will be expenses incurred that you must keep track of yourself. We ask you to make every effort to avoid any possible error or inaccuracy as jurors have a relentless reverence for the truth. Keep your canceled checks and your list of expenses together, for we will need them at a later date. Your attorney will keep track of your legal expenses, which may include costs of filing, service of complaint, investigation, reports, depositions, witness fees, hospital/ medical records, etc.
5. Investigation and Filing of Civil Complaint Procedurally, the following events occur in most personal injury cases. First, your attorney must complete the investigation. This will involve the collection of information from your physician, your employer, and our investigator. We will need your doctors to provide us with copies of all bills, medical records and possibly a medical report. When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement. If the insurance company will not make an adequate offer, then a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a summons and have the defendants personally served with the Summons and Complaint. The defendant, through their insurance company, must file an Answer within 35 days. Kenneth Vercammen's office generally does not file a Complaint until the treating doctor signs an affidavit of merit setting forth why the injury is permanent and the diagnostic tests upon which the permanent injury is based. You will need to speak with your doctor to ask if you have a permanent injury.
6. Interrogatory Questions and Discovery The Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. The Superior Court has set up certain Form A Interrogatory Questions which are contained in the Rules of Court. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. The deposition is just as important as the trial itself. In the event you are deposed during the course of this action, you will receive detailed instructions as to the procedure and will be required to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date. Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.
7. Doctor/Treatment It will help your case to tell us and your doctors about any injury or medical problems before or after your accident. Good cases can be lost by the injured person concealing or forgetting an earlier or later injury or medical problem. Insurance companies keep a record of any and all claims against any insurance company. The insurance company is sure to find out if you have ever made a previous claim. Tell your doctors all of your complaints. The doctors records can only be as complete as what you have given. Keep track of all prescriptions and medicines taken and the bills. Also save all bottles or containers of medicine.
8. Bills Retain all bills which relate to your damages, including medical expenses, hospital expenses, drugs and medicines, therapy, appliances, and anything needed to assist in your recovery. If possible, pay these bills by check or money order, so that a complete record may be kept. If this is not possible, be certain to obtain a complete receipt with the bill heading on it, to indicate where the receipt came from and the party issuing it.
9. Evidence Be certain to keep anything that comes into your possession which might be used as evidence in your case, such as shoes, clothing, glasses, photographs, defective machinery, defective parts, foreign substances which may have been a factor in your accident, etc. Be sure to let the office know that you have these items in your possession.
10. Photographs Take photographs of all motor vehicles, accident site, etc., that may be connected--directly or indirectly--with your accident. Again, be sure to let the office know that you have such photographs.
11. Keep your attorney advised Keep this office advised at all times with respect to changes in address, important changes in medical treatment, termination of treatment, termination of employment, resumption of employment, or any other unusual change in your life.
12. Lost wages Keep a complete record of all lost wages. Obtain a statement from your company outlining the time you have lost, the rate of salary you are paid, the hours you work per week, your average weekly salary, and any losses suffered as a result of this accident. Where possible, also obtain other types of evidence such as ledger sheets, copies of time cards, canceled checks, check stubs, vouchers, pay slips, etc.
13. New information In the event that any new information concerning the evidence in this case comes to your attention, report this to the attorney immediately. This is particularly true in the case of witnesses who have heretofore been unavailable.
14 Do not discuss the case The insurance company may telephone you and record the conversation or send an adjuster (investigator) who may carry a concealed tape recorder. You should not discuss your case with anyone. Obviously, we cannot stress too strongly that you DO NOT discuss this matter with anyone but your attorney or immediate, trusted family. You should sign no documents without the consent of this office. Remember that at all times you may be photographed and investigated by the opposition. If you follow the simple precautions which we have set out in your checklist, we feel that we will be able to obtain a fair and appropriate amount for your injuries. If you get any letters from anyone in connection with your case, mail or fax them to your attorney immediately.
15. Questioning If any person approaches you with respect to this accident without your attorneys permission, make complete notes regarding the incident. These notes should include the name and address of the party, a description of the person, and a narrative description of what was said or done. Under no circumstances should you answer any question(s). All questions should be referred to your attorneys office.
16. Investigation by Defendant Insurance Company Permit us to reiterate at this time that the oppositions insurance company will in all probability have a team of lawyers and investigators working diligently to counter your claim. During the course of their investigation, it is quite possible that they may attempt to contact you through various (and sometimes, devious) methods. Please do not make their jobs any easier for them by answering their questions.
We cannot emphasize too strongly that you should refrain at all times from discussing this matter with anyone--and that includes your employer, your relatives, your neighbors, and even your friends. Of course, there are exceptions to this rule.
If there are friends or neighbors or relatives who know all of the facts and circumstances surrounding the accident and can be of assistance to you, then they should be referred to this office so that their natural sympathy can be channeled into an effective asset for you.
Insurance companies pay money to claimants when they are satisfied there are both liability and damages that support a recovery. They can be expected to thoroughly investigate the facts of the accident and any past injuries or claims. The insurance company will obtain copies of all of the claimants past medical records.
The value of a case depends on the Permanent Injury, medical treatment and doctors reports Undoubtedly, you have questions as to how much your case is worth. We are going to be frank: The fact of the matter is there can be no answer to this question until we have completed the investigation in your case. Once we complete our investigation, of course, we can make a determination as to the amount of the defendants liability, if any, and even at that we will only be at a starting point. After that, we must obtain all necessary information concerning your lost wages, your disability, your partial disability, your life changes, and your prognosis. You may rest assured of one thing, however, and that is the fact that your case will not be settled below its true value, that is the fair compensation for the injuries you have received. You may also rest assured that no settlement agreement will be entered into without your consent.
DUTY TO INSPECT OWED TO INVITEE The duty of an owner (or occupier) of land (or premises) to make the place reasonably safe for the proper use of an invitee requires the owner or occupier to make reasonable inspection of the land (or premises) to discover hazardous conditions. Cases: Handelman v. Cox, 39 N.J. 95, 111 (1963) (salesman showing merchandise to employees of defendant fell down cellar stairway partially obscured by carton). NOTICE OF PARTICULAR DANGER AS CONDITION OF LIABILITY If the land (or premises) was not in a reasonably safe condition, then, in order to recover, plaintiff must show either that the owner (or occupier) knew of the unsafe condition for a period of time prior to plaintiffs injury sufficient to permit him/her in the exercise of reasonable care to have corrected it, or that the condition had existed for a sufficient length of time prior to plaintiffs injury that in the exercise of reasonable care the owner (or occupier) should have discovered its existence and corrected it.
Cases: Tua v. Modern Homes, Inc., 64 N.J. Super. 211 (App. Div. 1960), affirmed, 33 N.J. 476 (1960) (slip and fall on small area of slipper waxlike substance in store); Parmenter v. Jarvis Drug Store, Inc., 48 N.J. Super. 507, 510 (App. Div. 1957) (slip and fall on wet linoleum near entrance of store on rainy day); Ratering v. Mele, 11 N.J. Super. 211, 213 (App. Div. 1951) (slip and fall on littered stairway at entrance to restaurant).
Notes: (1) The above charge is applicable to those cases where the defendant is not at fault for the creation of the hazard of where the hazard is not to be reasonably anticipated as an incident of defendants mode of operation. See: Maugeri v. Great Atlantic & Pacific Tea Company, 357 F.2d 202 (3rd Cir. 1966) (dictum).
(2) An employees knowledge of the danger is imputed to his/her employer, the owner of premises. Handelman v. Cox, 39 N.J. 95, 104 (1963).
Workers compensation recovery if no negligence by others, but on the job injury Original draft by Julius J. Feinson, Esq. Modified by Kenneth Vercammen, Esq.
When the Workers Compensation Act was passed many years ago it was probably the first true no fault law in this State. With some very narrow exceptions, the question of negligence (fault) is not an issue if a worker is hurt on the job. Whether or not the employer is at fault has no impact on the worth of a case. In workers comp, employees can bring a claim against their employers worker comp carrier. However, employees cannot file a formal lawsuit against their employer. Financial recovery is limited by state law in workers comp cases. If their injury was caused by negligence of someone who is not your employer or another employee, a civil lawsuit in Superior Court. In lawsuits, negligence must be proved against someone other than the employer. If a worker is injured on the job, the worker has three basic rights: (1) the right to medical treatment; (2) the right to receive payment (temporary disability) for lost time; and (3) the right to receive payment for any after-effects of the injury if the after-effects are found to be permanent (partial permanent disability). If you are injured, you should immediately report the accident. Make sure an accident report is filled out and write down the names of all witnesses. When a worker is injured on the job, the employer or the employers insurance company are obligated to furnish and pay for medical treatment. However, in New Jersey, the employer has the right to select the doctors who will provide that treatment, since its the employer or its insurance company who is responsible for payment of medical expenses. It follows that if the worker does not go to the authorized treating doctor, then the employer will generally not be responsible for payment of the medical expenses. When an employee is hurt on the job, the employee is entitled to receive temporary disability benefits of 70% of wages up to an amount set by the State. For example, the maximum amount for an injury in 1997 was only $496 per week. These benefits are payable on a retroactive basis if the employee is out at least seven (7) days and the treating doctor certifies that the employee cannot work. In general, temporary disability benefits will continue to be paid so long as the workers treating doctor certifies that the employee cannot work. When medical treatment is completed and the employee is able to return to work, there may be a basis for payment to the employee of benefits for the after-effects of the injury. This is called partial permanent disability and is based on a schedule which utilizes a system of assigning value to each part of the body on a scale of 1% to 100%. Generally, the issue of partial permanent disability is resolved by filing a claim in the Division of Workers Compensation. A lawyer who represents a claimant before the Division of Workers Compensation may not charge any fee in advance. An Administrative Law Judge who hears the case will set the fee (never more than 20%) and if there is no recovery, an attorney will not be allowed a fee. Finally, disposition of a claim in the Division of Workers Compensation will not always operate to end a claim. There are rights and obligations on the part of both the employer and the employee. Since an employee is not obligated to pay a fee in a workers compensation case unless awarded by the Court, it would make sense for the employee to immediately consult an attorney to protect his/her rights. The employee should also be aware of the fact that there are time limits regarding the reporting of accidents. The safest approach is, of course, to report a work related accident immediately, even if it seems relatively minor at the time. Failure to report an accident can cause delays in receiving temporary disability and other benefits. When you meet with a workers compensation attorney, the following information will be requested from you: 1. Name, address and telephone number. 2. Name, address and telephone number of employer. 3. Name, address and telephone number of any union the client is a member of, along with full details of any union benefits that may have been received or to which the client has a right. (There may be a union benefit plan which provides the employee with payments for drugs and medical bills in addition to workers compensation benefits.) 4. The job title the client held when injured, along with the clients educational background and previous employment history. 5. The nature of the employers business. 6. Your Social Security number. 7. Your sex, age, and marital status at the time of the accident. 8. The name of the employers workers compensation insurance carrier or indication of whether the employer is self-insured. 9. The exact details of how you gave notice of the accident to the employer or whether the facts and circumstances are such that the employer must have had knowledge. 10. The exact place where the accident occurred and the date and time of the occurrence. 11. A full description in your own handwriting of how the accident occurred or to the exposures if an occupational disease case. 12. Your wages or earnings and whether on time or piece-work basis, the rate per hour, or the weekly wage. 13. The date when you stopped work and the date of return to work. 14. A statement of past and present complaints, as well as a description of all body parts affected by the accident. Explain any emotional complaints since the accident to investigate the question of neuro-psychiatric disability. 15. The compensation paid for temporary or permanent disability must be ascertained. 16. Full details as to medical aid required and whether it was requested from the employer. If the medical treatment was furnished by the employer, all dates of treatment should be inventoried. If the employer refused to furnish the treatment, indicate in detail all requests made to the employer for treatment, as well as obtaining the names and addresses of all doctors who furnished the treatment. 17. Be certain you have the names and addresses of all physicians and hospitals who rendered medical treatment since the accident, including but not limited to the injuries arising from the accident. Attempt to obtain the amount of all physicians bills and prepare a file for paid and unpaid bills. If you are receiving medical treatment from a doctor of your choice or if the employer has refused to render medical treatment, the attorney must give written notification to the employer and its insurance carrier of all the details concerning your injuries and accident and the name and address of the doctor by whom he is being treated or the name and address of the doctor who is going to be treating him. The attorney must clearly indicate in the letter that this is a formal request pursuant to Title 34 for the employer/respondent to furnish medical treatment by the doctor chosen by the petitioner or, alternatively, that the respondent should immediately provide the name and address of a doctor that it wants to treat the petitioner. In Workers Compensation, the respondent controls the choice of doctor. 18. Any Blue Cross, Blue Shield, or major medical plans which cover you, as well as identification numbers, since it may be possible to obtain payment for medical bills from these plans, if the employer/workers compensation refuses to make payment. See Workers Compensation (ICLE 1983). If you are injured while working, we recommend you immediately speak with an experienced attorney.
Conclusion This is a great deal of information to absorb. However, we are certain that our clients appreciate having this information from the outset. Each request and bit of information given here represents an important part in recovering full value for your injury. Therefore, we respectfully request your full cooperation. If you have questions or concerns regarding these instructions, we encourage you to feel free to contact the office at any time. Call Kenneth Vercammen to schedule a confidential in-office consultation at (732) 572-0500.

E461 Liability due to Snow and Ice Accumulation In NJ

E461 Liability due to Snow and Ice Accumulation


1. Liability Injury due to Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks.
2. Recent cases: No jail for careless driving unless aggravating factors found.
State v Palma219 NJ Super. 584 (App. Div 2014)
3. Failure to read refusal warnings not a defense toDWI State v Peralta47 NJ Super. 570 (App.Div 2014)
4. Next Charity events
5. New Youtube educational videos
1. Liability of Owner of Commercial Property for Defects, Snow and Ice Accumulation and Other Dangerous Conditions in Abutting Sidewalks.
The law imposes upon the owner of commercial or business property the duty to use reasonable care to see to it that the sidewalks abutting the property are reasonably safe for members of the public who are using them. In other words, the law says that the owner of commercial property mustexercise reasonable care to see to it that the condition of the abutting sidewalk is reasonably safe and does not subject pedestrians to an unreasonable risk of harm. The concept of reasonable care requires the owner of commercial property to take action with regard to conditions within a reasonable period of time after the owner becomes aware of the dangerous condition or, in the exercise of reasonable care, should have become aware of it.
Ifthere was a condition of this sidewalk that was dangerous in that it created an unreasonable risk of harm for pedestrians, and ifthe owner knew of that condition or should have known of it but failed to take such reasonable action to correct or remedy the situation within a reasonable period of time thereafter as a reasonably prudent commercial or business owner would have done under the circumstances, then the owner is negligent.
No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak witha personal injury attorney immediately toretain all your rights. The stores are responsible for the maintenance of their premises, which are used by the public. It is the duty of the store to inspect and keep said premises in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to persons lawfully thereon.
If the unsafe condition is alleged to be snow and ice, N.J.S.A. 40:64-12 and any ordinance adopted by the municipality might be charged as a factor, the jury should consider the reasonableness of the time the defendant(s) has (have) waited to remove or reduce a snow or ice condition from the sidewalk.
What actions must the owner of commercial property take with regard to defects / snow / ice accumulation/ dangerous conditions? The action required by the law is action which a reasonably prudent person would take or should have taken in the circumstances present to correct the defect / snow / ice accumulation/ dangerous condition, to repair it/remove it or to take other actions to minimize the danger to pedestrians (for example, to give warning of it) within a reasonable period of time after notice thereof. The test is: did the commercial property owner take the action that a reasonably prudent person who knows or should have known of the condition would have taken in that circumstance? If he/she did, he/she is not negligent. If he/she did not, he/she is negligent.
If you are injured, after seeking medical treatment and advising the store/mall,
CALL KENNETH A. VERCAMMEN, ESQ. 732-572-0500 for an Appointment.
Recent cases:
2. No jail for careless driving unless aggravating factors found.State v Palma
219 NJ Super. 584 (App. Div 2014)
The factors outlined by this Court in State v. Moran, 202 N.J. 311 (2010), should be followed by judges in the municipal court and Law Division when imposing sentences for careless driving.
3 . Failure to read refusal warnings not a defense to DWIState v Peralta47 NJ Super. 570 (App.Div 2014)
In this appeal, defendant argued the police failure to read to him the standard statement referred to in N.J.S.A. 39:4 50.2(e) - which, in its current iteration, largely but not entirely advises of the consequences of refusing to provide a breath sample - requires reversal of his DWI conviction based solely on an Alcotest reading. The court held this alleged failure was not fatal to the DWI conviction because defendant did not refuse to provide a breath sample.
4. Next Charity events:
1/31 RVRR Annual dinner Piscataway
2/1/15 Freehold Winter 5k 10:00am Sunday
2/2 Rutgers Law School Newark Starting a Law practice class 3:55pm
2/8, 11 a.m.ORC Winter Series, Ocean County Park, Lakewood, New Jersey
2/21 Manasquan 2 mile beach run
2/22 Sunday, February 22, 2, 4, 0r 6 Miles, 10:58 a.m.Train Run Snowball Express, Asbury Park, New Jersey
March 1 march with JSRC at Belmar St Patricks Day Parade
5. New Youtube educational videos:
39:4-96. reckless driving
39:4-144 Stopping or yielding right of way before entering stop
or yield intersections.39:4-144
PTI Pre Trial Intervention for first offender criminal charges
2C:12-3. Terroristic threats
Wills & Estate Planning in NJ
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Drunk Driver Injuries In NJ

Drunk Driver Injuries


Kenneth Vercammen & Associates Law Office helps people injured by drunk drivers. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a Serious Injury.
Kenneth Vercammen has been a lecturer for the New Jersey State Bar Association/ Institute for Continuing Legal Education on Personal Injury. He has written over 100 articles on litigation matters.
The following information will help your case proceed and you receive compensation for your injuries:
1. WHILE YOUR PERSONAL INJURY CASE IS PENDING:
CAUTION: It is important that you --
1. DO NOT discuss your case with anyone except your doctors and attorney.
2. DO NOT make any statements or give out any information.
3. DO NOT sign any statements, reports, forms or papers of any kinds, .
4. DO NOT appear at police or other hearings without first consulting with your attorney. INFORM YOUR ATTORNEY PROMPTLY of any notice, request or summons to appear at any such hearings.
5. Refer to your attorney anyone who asks you to sign anything or to make any statement or report or who seeks information concerning your case.
6. Direct your doctor and other treatment providers not to furnish or disclose any information concerning your case to any entity other than your insurance company without YOU AND YOUR ATTORNEY'S WRITTEN PERMISSION.
7. You may have insurance coverage such as liability, collision, accident, Blue Cross, Blue Shield or Major Medical which require prompt attention. However, be sure to have your treatment providers send bills immediately to all of your insurance companies
8. Notify your attorney promptly of any new developments. Small things may be important. Keep your attorney informed.
9. Maintain accurate records of all information and data pertaining to your case.
10. If you or any witnesses should move, be sure to notify your attorney of the new address.
2. Clients should provide my office with the following:
1. Any bills
2. All Hospital or doctor records in your possession.
3. Car Insurance Declaration Sheet
4. Car Insurance Policy
5. Photos of damage to your car and property
6. Photos of accident site
7. Major Med Card
8. Paystub if lost time from work
3. Attorney- Client Confidential Relationship:
First, I want to thank our clients for giving me the opportunity to assist them in their case. I am a legal professional and I have great pride and confidence in the legal services that I perform for clients during our relationship as attorney-client. If you have concerns about your case, please call my office.
We feel that this case is extremely important-not only to you, but to this office as well. This is not simply a matter of obtaining just compensation for you, although that is very important; we take professional pride in guiding our clients carefully through difficult times to a satisfactory conclusion of their cases.
4. Submission of Bills to Car Insurance and Major Medical:
You should submit your medical bills to your own car insurance company first. Your car insurance is required by New Jersey law to provide PIP (Personal Injury Protection) benefits under the No Fault Law. This means your car insurance company, not the careless driver, pay the majority of medical bills. Please provide insurance information to each doctor, MRI facility and treatment provider. Please request they submit bills and attending physician reports to your car insurance company. There is now minimum deductibles under the PIP Law. There is an initial $250.00 deductible, and thereafter your car insurance company pays 80% of medical bills under a medical fee schedule established by the State Dept. of Insurance. Your primary treating doctor must also follow "Care Path". Submit portions of bills the car insurance does not pay to your major medical carrier (ex- Blue Cross, Connecticut General). The Law Office of Kenneth Vercammen can provide a more detailed brochure explaining how car insurance works.
5. Diary:
We want you to keep a diary of your experiences since your accident. In addition to this daily record, we also ask you to start describing a single day in the course of your life. In other words, describe what you do when you get up in the morning, the first thing you do after you go to work, what type of work and effort do you put into your employment, what activities you engage in after work, etc. In other words, we need you to describe the changes in your working life, your playing life, your life as a husband or wife or child or parent. In your written description of your day, we would appreciate your explanation in the greatest detail possible and in your own words how the accident and subsequent injuries have affected your life, your personality, and your outlook. And remember that suffering does not entail mere physical pain; suffering can be emotional and can be transmitted to your family, friends, and co-workers. When you have completed this description, please return it to this office in the enclosed envelope.
Keep a diary of all matters concerning this accident--no matter how trivial you think it may be. You should include notes on the treatments you receive, therapy, casts, appliances, hospitalization, change of doctors, change of medication, symptoms, recurrence, setbacks, disabilities and inconveniences. If you have any doubt about the propriety of including some particular information, please call the office and let us assist you.
6. Record expenses:
You can also begin to set up a system for recording the expenses incurred in conjunction with your claim in minute detail. Medical and legal expenses are a strong part of the value of your lawsuit, so good records of these expenses must be kept at all times.
From time to time, however, there will be expenses incurred that you must keep track of yourself. We ask you to make every effort to avoid any possible error or inaccuracy as jurors have a relentless reverence for the truth. Keep your canceled checks and your list of expenses together, for we will need them at a later date.
Your attorney will keep track of your legal expenses, which may include costs of filing, service of process, investigation, reports, depositions, witness fees, jury fees, etc.
7. Investigation and Filing of Complaint:
Procedurally, the following events occur in most personal injury cases. First, your Attorney must complete our investigation and file. This will involve the collection of information from your physician, your employer, and our investigator. We will need your Doctors to provide us with copies of all bills, medical records and possibly a medical report.
When we feel that we have sufficient information to form an opinion as to the financial extent of your damages, we will commence negotiations with the opposition for a settlement. If the insurance company will not make an adequate offer, then a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a summons and have the defendants personally served with the Summons and Complaint. The defendant, through their insurance company, must file an "Answer" within 35 days.
8. Interrogatory Questions and Discovery:
The Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. The Superior Court has set up certain "Form" Interrogatories which are contained in the Rules of Court. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. The deposition is just as important as the trial itself. In the event you are deposed during the course of this action, you will receive detailed instructions as to procedure and will be requested to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date.
Altogether, these procedures may take from six months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice.
9. Doctor/ Treatment:
It will help your case to tell us and your doctors about any injury or medical problems before or after your accident. Good cases can be lost by the injured person's concealing or forgetting an earlier or later injury or medical problem. Insurance companies keep a record of any and all claims against any insurance company. The insurance company is sure to find out if you have ever made a previous claim.
Tell your doctors all of your complaints. The doctor's records can only be as complete as what you have given. Keep track of all prescriptions and medicines taken and the bills. Also save all bottles or containers of medicine.
10. Bills:
Retain all bills which relate to your damages, including medical expenses, hospital expenses, drugs and medicines, therapy, appliances, and anything needed to assist in your recovery. If possible, pay these bills by check or money order, so that a complete record may be kept. If this is not possible, be certain to obtain a complete receipt with the bill heading on it, to indicate where the receipt came from and the party issuing it.
11. Evidence:
Be certain to keep anything that comes into your possession which might be used as evidence in your case, such as shoes, clothing, glasses, photographs, defective machinery, defective parts, foreign substances which may have been a factor in your accident, etc. Be sure to let the office know that you have these items in your possession.
12. Photographs:
Take photographs of all motor vehicles, accident site, etc., that may be connected--directly or indirectly--with your accident. Again, be sure to let the office know that you have such photographs.
13. Keep your attorney advised:
Keep this office advised at all times with respect to changes in address, important changes in medical treatment, termination of treatment, termination of employment, resumption of employment, or any other unusual change in your life.
14. Lost wages:
Keep a complete record of all lost wages. Obtain a statement from your company outlining the time you have lost, the rate of salary you are paid, the hours you work per week, your average weekly salary, and any losses suffered as a result of this accident. Where possible, also obtain other types of evidence such as ledger sheets, copies of time cards, canceled checks, check stubs, vouchers, pay slips, etc.
15. New information:
In the event that any new information concerning the evidence in this case comes to your attention, report this to the Attorney immediately. This is particularly true in the case of witnesses who have heretofore been unavailable.
16. Do not discuss the case:
The insurance company may telephone you and record the conversation or send an adjuster (investigator) who may carry a concealed tape recorder. You should not discuss your case with anyone.
Obviously, we cannot stress too strongly that you not discuss this matter with anyone but your attorney or immediate, trusted family. You should sign no documents without the consent of this office. Remember that at all times you may be photographed and investigated by the opposition. If you follow the simple precautions which we have set out in your checklist, we feel that we will be able to obtain a fair and appropriate amount for your injuries. If you get any letters from anyone in connection with your case, mail or fax them to your attorney immediately.
17. Questioning:
If any person approaches you with respect to this accident without your attorney's permission, make complete notes regarding the incident. These notes should include the name and address of the party, a description of the person, and a narrative description of what was said or done. Under no circumstances should you answer any question(s). All questions should be referred to your attorney's office.
18. Investigation by Defendant Insurance Company:
Permit us to reiterate at this time that the opposition's insurance company will in all probability have a team of lawyers and investigators working diligently to counter your claim. During the course of their investigation, it is quite possible that they may attempt to contact you through various (and sometimes, devious) methods. Please do not make their jobs any easier for them by answering their questions.
We cannot emphasize too strongly that you should refrain at all times from discussing this matter with anyone--and that includes your employer, your relatives, your neighbors, and even your friends. Of course, there are exceptions to this rule.
If there are friends or neighbors or relatives who know all of the facts and circumstances surrounding the accident and can be of assistance to you, then they should be referred to this office so that their natural sympathy can be channeled into an effective asset for you.
Insurance companies pay money to claimants when they are satisfied there are both liability and damages that support a recovery. They can be expected to thoroughly investigate the facts of the accident and any past injuries or claims. The insurance company will obtain copies of all of the claimant's past medical records.
19. Surveillance by Insurance Companies: Remember at all times that you may be under surveillance and, therefore, subject to being photographed or filmed by the adverse party. Be advised that there are cases where photographs and films have been introduced in court showing claimants who were allegedly in serious condition participating in activities which they alleged they were unable to do. You do not have to live in fear of being photographed, of course, if your cause is a just one.
However, when carrying on your usual activities, keep in mind at all times that you are subject to investigation. If you have been seriously injured, do not do anything that will jeopardize your case during the course of your daily life. You should always follow your doctor's advice. If you have to do things which cause you pain, this can usually be explained to the full satisfaction of any court or jury.
There are cases where the insurance agent has attempted to discredit a personal injury plaintiff by taking movies of the claimant engaged in various physical activities. In one case, large rocks weighing over one hundred pounds were placed at the door of the garage during the night so that claimant would have to be forced to remove the rocks in order to drive to work. This, of course, was filmed and used to discredit the plaintiff's claim in court.
20. The value of a case depends on the Permanent Injury, medical treatment and doctor's reports:
Undoubtedly, you have questions as to how much your case is worth. We are going to be frank: The fact of the matter is there can be no answer to this question until we have completed the investigation in your case. Once we complete our investigation, of course, we can make a determination as to the amount of the defendant's liability, if any, and even at that we will only be at a starting point. After that, we must obtain all necessary information concerning your lost wages, your disability, your partial disability, your life changes, and your prognosis. You may rest assured of one thing, however, and that is the fact that your case will not be settled below its true value, that is the fair compensation for the injuries you have received. You may also rest assured that no settlement agreement will be entered into without your consent.
Conclusion
We appreciate that this is a great deal of information to absorb. We also appreciate that our requests for your assistance have been numerous. However, we are certain that our clients appreciate having this information from the outset. Each request and bit of information given here represents an important part in recovering full value for your injury. Therefore, we respectfully request your full cooperation. If you have questions or concerns regarding these instructions, we encourage you to feel free to contact the office at any time.
Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.
39:4-50.9. Drunk Driving Victim's Bill of Rights.
L. 1985, c. 442, s. 1. 39:4-50.10.
Victim defined As used in this act, victim means, unless otherwise indicated, a person who suffers personal physical or psychological injury or death or incurs loss of or injury to personal or real property as a result of a motor vehicle accident involving another person's driving while under the influence of drugs or alcohoL. In the event of a death, victim means the surviving spouse, a child or the next of kin. L. 1985, c. 442, s. 2. 39:4-50.11. Victims' rights Victims shall have the right to: a. Make statements to law enforcement officers regarding the facts of the motor vehicle accident and to reasonable use of a telephone; b. Receive medical assistance for injuries resulting from the accident; c. Contact the investigating officer and see copies of the accident reports and, in the case of a surviving spouse, child or next of kin, the autopsy reports; d. Be provided by the court adjudicating the offense, upon the request of the victim in writing, with: (1) Information about their role in the court process; (2) Timely advance notice of the date, time and place of the defendant's initial appearance before a judicial officer, submission to the court of any plea agreement, the trial and sentencing; (3) Timely notification of the case disposition, including the trial and sentencing; (4) Prompt notification of any decision or action in the case which results in the defendant's provisional or final release from custody; and (5) Information about the status of the case at any time from the commission of the offense to final disposition or release of the defendant; e. Receive, when requested from any law enforcement agency involved with the offense, assistance in obtaining employer cooperation in minimizing loss of pay and other benefits resulting from their participation in the court process; f. A secure waiting area, after the motor vehicle accident, during investigations, and prior to a court appearance; g. Submit to the court adjudicating the offense a written or oral statement to be considered in deciding upon sentencing and probation terms. This statement may include the nature and extent of any physical harm or psychological or emotional harm or trauma suffered by the victim, the extent of any loss of earnings or ability to work suffered by the victim and the effect of the offense upon the victim's family. When a need is demonstrated, the information in this section shall be provided in the Spanish as well as the English language. L. 1985, c. 442, s. 3. 39:4-50.12. Consultation with prosecutor A victim shall be provided with an opportunity to consult with the prosecutor prior to dismissal of the case or the filing of a proposed plea negotiation with the court, if the victim sustained bodily injury or serious bodily injury as defined in N.J.S. 2C:11-1. Nothing contained herein shall be construed to alter or limit the authority or discretion of the prosecutor to enter into any plea agreement which the prosecutor deems appropriate. L. 1985, c. 442, s. 4. 39:4-50.13. Tort Claims Act rights Nothing contained in the act shall mitigate any right which the victim may have pursuant to the
New Jersey Tort Claims Act
(N.J.S. 59:1-1 et seq.).

Drowning Accidents In NJ


Drowning Accidents

Drowning happens when a person is submerged in water for a period of time. Lack of oxygen is what injures or kills a person in drowning incidents. If a person loses oxygen, that person loses consciousness and consequently dies. This is called wet drowning which is the common form of drowning.
There is another form of drowning which is dry drowning. Dry drowning, on the other hand, occurs when a person is submerged in icy water. The cold is said to cause the larynx to spasm. If the larynx spasms, the person’s airway is cut off resulting in lack or absence of oxygen in the body.
If you or any of your family member suffered from near drowning or drowns as a result of negligence by another person, contact an attorney.
Pool owners and operators are financially and legally liable for drowning injuries and deaths that happen as a result of code and safety violations. While each municipality is different, pool owners are typically required to secure their pool with fencing, locks, and lighting that meets specific code requirements. Pool operators are also required to provide a life guard at certain times and to secure their premises as well. Additionally, boat owners and operators are also liable for drowning injuries that occur due to a lack of life vests, boating under the influence, or lack of life preservers.
No one plans on being injured in an accident, whether it is a car accident, a fall down, or other injury caused by negligence. Speak with a personal injury attorney immediately to retain all your rights. Businesses are responsible for the maintenance of their premises. It is the duty of the site manager to inspect and keep the property in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to workers and persons lawfully thereon. If there is negligence, the careless party could be liable for the injuries caused. In the Event You or a Member of Your Family Suffers Serious Injury Due to the Negligence of Others....Know Your Rights

Dog Owner Can Be Liable for Injuries Caused by Their Negligence, Including When Their Dogs Get Loose, Chase and Injure a Jogger on Township Streets In NJ

Dog Owner Can Be Liable for Injuries Caused by Their Negligence, Including When Their Dogs Get Loose, Chase and Injure a Jogger on Township Streets

Runners, walkers and bicyclists have the right to exercise on public streets and parks without fear of loose dogs chasing them. Even if a loose dog does not bite someone, the dog owner still can be liable if their loose dog injures someone.
Negligence may be defined as a failure to exercise, in the given circumstances, that degree of care for the safety of others which a person of ordinary prudence would exercise under similar circumstances. It may be the doing of an act which the ordinary prudent person would not have done, or the failure to do that which the ordinary prudent person would have done, under the circumstances then existing.
Negligence is the failure to use that degree of care, precaution and vigilance which a reasonably prudent person would use under the same or similar circumstances. It includes both affirmative acts which a reasonably prudent person would not have done and the omission of acts or precautions which a reasonably prudent person would have done or taken in the circumstances.
By a reasonably prudent person it is not meant the most cautious person nor one who is unusually bold but rather one of reasonable vigilance, caution and prudence.
In order to establish negligence, it is not necessary that it be shown that the defendant had an evil heart or an intent to do harm.
Every person is required to exercise the foresight, prudence and caution which a reasonably prudent person would exercise under the same or similar circumstances. Negligence then is a departure from that standard of care.
Violation of Loose Dog Ordinance is Evidence of Negligence

Dog Bites, Vicious Animal Attacks, Rottweiler Bite, Pit Bull Attack In NJ

Dog Bites, Vicious Animal Attacks, Rottweiler Bite, Pit Bull Attack


Kenneth Vercammen & Associates Law Office helps people injured due to the negligence of others. We provide representation throughout New Jersey. The insurance companies will not help. Don't give up! Our Law Office can provide experienced attorney representation if you are injured in an accident and suffer a Serious Injury.
If someone hops your fence, trespasses on your land, and your dog bites him, you are not liable. However, New Jersey does impose strict liability if your dog bites someone if it is loose or if the person bitten was in a public place or permitted on your property. NJSA 4:19-16 provides:
"The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness."
"For the purpose of the New Jersey Statute 4:19-16, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof."
Thus, in New Jersey, a dog does not get two bites.
A person can even be liable if your dog injures someone although not biting it. Being jumped on or chased by a dog could be grounds for a civil liability. It is also strict liability if any of your dangerous animals injure someone, i.e. pet, buffalo or tiger.
For the purpose of this state law, a person is lawfully upon the private property of such owner when he/she is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he/she is on such property upon the invitation, express or implied, of the owner thereof.
In deciding whether the plaintiff was on or in a public place or lawfully on or in a private place, including the property of the defendant, you should note that anyone whose presence is expressly or impliedly permitted on the property is entitled to the protection of the statute. The permission extends to all areas where the plaintiff may reasonably believe to be included within its scope. DeRobertis v. Randazzo, 94 N.J. 144 (1983).
In a case such as this where the defendant has raised the negligence of the plaintiff as a defense, the defendant has the burden of proof. This means that the defendant has the burden to prove plaintiff's "unreasonable and voluntary exposure to a known risk." This means that the plaintiff "knew" the dog had a propensity to bite either because of the dog's known viciousness or because of the plaintiff's deliberate acts intended to incite the animal. For example, one who beats or torments a dog has no call upon the owner if in self-defense the dog bites back. Budai v. Teague, 212 N.J. Super. 522 (Law Div. 1986); see also Dranow v. Kolmar, 92 N.J.L. 114, 116-17 (1918). In conclusion, a New Jersey dog does not get two bites. Keep your dog fenced in or tied up and away from mailman and visiting friends.
Updated dog liability statutes: 4:19-16. Liability of owner regardless of viciousness of dog The owner of any dog which shall bite a person while such person is on or in a public place, or lawfully on or in a private place, including the property of the owner of the dog, shall be liable for such damages as may be suffered by the person bitten, regardless of the former viciousness of such dog or the owner's knowledge of such viciousness.
For the purpose of this section, a person is lawfully upon the private property of such owner when he is on the property in the performance of any duty imposed upon him by the laws of this state or the laws or postal regulations of the United States, or when he is on such property upon the invitation, express or implied, of the owner thereof.
4:19-17. Findings, declarations The Legislature finds and declares that certain dogs are an increasingly serious and widespread threat to the safety and welfare of citizens of this State by virtue of their unprovoked attacks on, and associated injury to, individuals and other animals; that these attacks are in part attributable to the failure of owners to confine and properly train and control these dogs; that existing laws at the local level inadequately address this problem; and that it is therefore appropriate and necessary to impose a uniform set of State requirements on the owners of vicious or potentially dangerous dogs.
L.1989, c.307, s.1.
4:19-18. Definitions 2. As used in this act:
"Animal control officer" means a certified municipal animal control officer or, in the absence of such an officer, the chief law enforcement officer of the municipality or his designee.
"Department" means the Department of Health.
"Dog" means any dog or dog hybrid.
"Domestic animal" means any cat, dog, or livestock other than poultry.
"Potentially dangerous dog" means any dog or dog hybrid declared potentially dangerous by a municipal court pursuant to section 7 of P.L.1989, c.307 (C.4:19-23).
"Vicious dog" means any dog or dog hybrid declared vicious by a municipal court pursuant to section 6 of P.L.1989, c.307 (C.4:19-22).
L.1989,c.307,s.2; amended 1994,c.187,s.1. 4:19-19. Impoundment of dog An animal control officer shall seize and impound a dog when the officer has reasonable cause to believe that the dog:
a. attacked a person and caused death or serious bodily injury as defined in N.J.S.2C:11-1(b) to that person;
b. caused bodily injury as defined in N.J.S.2C:11-1(a) to a person during an unprovoked attack and poses a serious threat of harm to persons or domestic animals;
c. engaged in dog fighting activities as described in R.S.4:22-24 and R.S.4:22-26; or
d. has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
The dog shall be impounded until the final disposition as to whether the dog is vicious or potentially dangerous. Subject to the approval of the municipal health officer, the dog may be impounded in a facility or other structure agreeable to the owner.
L.1989, c.307, s.3.
4:19-20. Notification of owner of dog; hearing 4. a. The animal control officer shall notify the municipal court and the municipal health officer immediately that he has seized and impounded a dog pursuant to section 3 of P.L.1989, c.307 (C.4:19-19), or that he has reasonable cause to believe that a dog has killed another domestic animal and that a hearing is required. The animal control officer shall through a reasonable effort attempt to determine the identity of the owner of any dog seized and impounded pursuant to section 3 of P.L.1989, c.307. If its owner cannot be identified within seven days, that dog may be humanely destroyed.
b. The animal control officer shall, within three working days of the determination of the identity of the owner of a dog seized and impounded pursuant to section 3 of P.L.1989, c.307 (C.4:19-19), notify by certified mail, return receipt requested, the owner concerning the seizure and impoundment, and that, if the owner wishes, a hearing will be held to determine whether the impounded dog is vicious or potentially dangerous. This notice shall also require that the owner return within seven days, by certified mail or hand delivery, a signed statement indicating whether he wishes the hearing to be conducted or, if not, to relinquish ownership of the dog, in which case the dog may be humanely destroyed. If the owner cannot be notified by certified mail, return receipt requested, or refuses to sign for the certified letter, or does not reply to the certified letter with a signed statement within seven days of receipt, the dog may be humanely destroyed.
L.1989,c.307,s.4; amended 1994,c.187,s.2.
4:19-21.1. Settlement agreements, immunity of municipality 12. Notwithstanding any provision in P.L.1989, c.307 (C.4:19-17 et seq.) to the contrary, the municipality and the owner of the dog may settle and dispose of the matter at any time in such manner and according to such terms and conditions as may be mutually agreed upon. Notwithstanding any provision of P.L.1989, c.307 to the contrary, no municipality or any of its employees shall have any liability by virtue of having entered into any settlement agreement pursuant to this section, or for any action or inaction related to the entry into such agreement, for any injuries or damages caused thereafter by the dog. The municipality may, as a condition of the settlement agreement, also require that the owner of the dog hold the municipality harmless for any legal expenses or fees the municipality may incur in defending against any cause of action brought against the municipality notwithstanding the prohibition against such causes of action set forth in this section.
L.1994,c.187,s.12. 4:19-22. Dog declared vicious by municipal court; conditions 6. a. The municipal court shall declare the dog vicious if it finds by clear and convincing evidence that the dog:
(1) killed a person or caused serious bodily injury as defined in N.J.S.2C:11-1(b) to a person; or
(2) has engaged in dog fighting activities as described in R.S.4:22-24 and R.S.4:22-26.
b. A dog shall not be declared vicious for inflicting death or serious bodily injury as defined in N.J.S.2C:11-1(b) upon a person if the dog was provoked. The municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
c. If the municipal court declares a dog to be vicious, and no appeal is made of this ruling pursuant to section 9 of P.L.1989, c.307 (C.4:19-25), the dog shall be destroyed in a humane and expeditious manner, except that no dog may be destroyed during the pendency of an appeal.
L.1989,c.307,s.6; amended 1994,c.187,s.3.
4:19-23. Dog declared potentially dangerous; conditions 7. a. The municipal court shall declare a dog to be potentially dangerous if it finds by clear and convincing evidence that the dog:
(1) caused bodily injury as defined in N.J.S.2C:11-1(a) to a person during an unprovoked attack, and poses a serious threat of bodily injury or death to a person, or
(2) killed another domestic animal, and
(a) poses a threat of serious bodily injury or death to a person; or
(b) poses a threat of death to another domestic animal, or
(3) has been trained, tormented, badgered, baited or encouraged to engage in unprovoked attacks upon persons or domestic animals.
b. A dog shall not be declared potentially dangerous for:
(1) causing bodily injury as defined in N.J.S.2C:11-1(a) to a person if the dog was provoked, or
(2) killing a domestic animal if the domestic animal was the aggressor.
For the purposes of paragraph (1) of this subsection, the municipality shall bear the burden of proof to demonstrate that the dog was not provoked.
L.1989,c.307,s.7; amended 1994,c.187,s.4.
4:19-24. Registration of potentially dangerous dog; conditions 8. If the municipal court declares the dog to be potentially dangerous, it shall issue an order and a schedule for compliance which, in part:
a. shall require the owner to comply with the following conditions:
(1) to apply, at his own expense, to the municipal clerk or other official designated to license dogs pursuant to section 2 of P.L.1941, c.151 (C.4:19-15.2), for a special municipal potentially dangerous dog license, municipal registration number, and red identification tag issued pursuant to section 14 of this act. The owner shall, at his own expense, have the registration number tattooed upon the dog in a prominent location. A potentially dangerous dog shall be impounded until the owner obtains a municipal potentially dangerous dog license, municipal registration number, and red identification tag;
(2) to display, in a conspicuous manner, a sign on his premises warning that a potentially dangerous dog is on the premises. The sign shall be visible and legible from 50 feet of the enclosure required pursuant to paragraph (3) of this subsection;
(3) to immediately erect and maintain an enclosure for the potentially dangerous dog on the property where the potentially dangerous dog will be kept and maintained, which has sound sides, top and bottom to prevent the potentially dangerous dog from escaping by climbing, jumping or digging and within a fence of at least six feet in height separated by at least three feet from the confined area. The owner of a potentially dangerous dog shall securely lock the enclosure to prevent the entry of the general public and to preclude any release or escape of a potentially dangerous dog by an unknowing child or other person. All potentially dangerous dogs shall be confined in the enclosure or, if taken out of the enclosure, securely muzzled and restrained with a tether approved by the animal control officer and having a minimum tensile strength sufficiently in excess of that required to restrict the potentially dangerous dog's movements to a radius of no more than three feet from the owner and under the direct supervision of the owner;
b. may require the owner to maintain liability insurance in an amount determined by the municipal court to cover any damage or injury caused by the potentially dangerous dog. The liability insurance, which may be separate from any other homeowner policy, shall contain a provision requiring the municipality in which the owner resides to be named as an additional insured for the sole purpose of being notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy.
L.1989,c.307,s.8; amended 1994,c.187,s.5. 4:19-25. Appeal of decision 9. The owner of the dog, or the animal control officer in the municipality in which the dog was impounded, may appeal any final decision, order, or judgment, including any conditions attached thereto, of a municipal court pursuant to P.L.1989, c.307 (C.4:19-17 et seq.) by filing an appeal with the Superior Court, Law Division, in accordance with the Rules Governing The Courts of the State of New Jersey pertaining to appeals from courts of limited jurisdiction. The Superior Court shall hear the appeal by conducting a hearing de novo in the manner established by those rules for appeals from courts of limited jurisdiction.
L.1989,c.307,s.9; amended 1994,c.187,s.6.
4:19-26. Liability of owner for cost of impounding, destroying dog; rabies testing 10. a. If a dog is declared vicious or potentially dangerous, and all appeals pertaining thereto have been exhausted, the owner of the dog shall be liable to the municipality in which the dog is impounded for the costs and expenses of impounding and destroying the dog. The municipality may establish by ordinance a schedule of these costs and expenses. The owner shall incur the expense of impounding the dog in a facility other than the municipal pound, regardless of whether the dog is ultimately found to be vicious or potentially dangerous.
b. If the dog has bitten or exposed a person within 10 days previous to the time of euthanasia, its head shall be transported to the New Jersey State Department of Health laboratory for rabies testing.
L.1989,c.307,s.10; amended 1994,c.187,s.7.
4:19-27. Hearing on subsequent actions of dog 11. If the municipal court finds that the dog is not vicious or potentially dangerous, the municipal court shall retain the right to convene a hearing to determine whether the dog is vicious or potentially dangerous for any subsequent actions of the dog.
L.1989,c.307,s.11; amended 1994,c.187,s.8. 4:19-28. Obligations of owner of potentially dangerous dog 12. The owner of a potentially dangerous dog shall:
a. comply with the provisions of P.L.1989, c.307 (C.4:19-17 et seq.) in accordance with a schedule established by the municipal court, but in no case more than 60 days subsequent to the date of determination;
b. notify the licensing authority, local police department or force, and the animal control officer if a potentially dangerous dog is at large, or has attacked a human being or killed a domestic animal;
c. notify the licensing authority, local police department or force, and the animal control officer within 24 hours of the death, sale or donation of a potentially dangerous dog;
d. prior to selling or donating the dog, inform the prospective owner that the dog has been declared potentially dangerous;
e. upon the sale or donation of the dog to a person residing in a different municipality, notify the department and the licensing authority, police department or force, and animal control officer of that municipality of the transfer of ownership and the name, address and telephone of the new owner; and
f. in addition to any license fee required pursuant to section 3 of P.L.1941, c.151 (C.4:19-15.3), pay a potentially dangerous dog license fee to the municipality as provided by section 15 of P.L.1989, c.307 (C.4:19-31).
L.1989,c.307,s.12; amended 1994,c.187,s.9.
4:19-29. Violation by owner; fine, seizure, impoundment of dog 13. The owner of a potentially dangerous dog who is found by clear and convincing evidence to have violated this act, or any rule or regulation adopted pursuant thereto, or to have failed to comply with a court's order shall be subject to a fine of not more than $1,000 per day of the violation, and each day's continuance of the violation shall constitute a separate and distinct violation. The municipal court shall have jurisdiction to enforce this section. An animal control officer is authorized to seize and impound any potentially dangerous dog whose owner fails to comply with the provisions of P.L.1989, c.307 (C.4:19-17 et seq.), or any rule or regulation adopted pursuant thereto, or a court's order. The municipal court may order that the dog so seized and impounded be destroyed in an expeditious and humane manner.
L.1989,c.307,s.13; amended 1994,c.187,s.10.

Documents an Injured Person Can Be Required to Provide to the Defendants Attorney In NJ

Documents an Injured Person Can Be Required to Provide to the Defendants Attorney


By Kenneth Vercammen An injured person and their attorney must answer Court Rule Interrogatory Questions Form A, plus supplemental questions propounded by the attorney for the defendant. The injured person is also required to provide photocopies of documents
The Court Rules require plaintiffs provide answers. If answers are not provided your case will be dismissed. Kenneth Vercammen's Law Office is sometimes hired by insurance companies to defend personal injury complaints. The following are some of the Request for documents we request from the plaintiff in a personal injury case.
REQUEST FOR PRODUCTION OF DOCUMENTS - CAR ACCIDENT TO PLAINTIFF
PLEASE TAKE NOTICE that the Plaintiff demands that the defendant produce for inspection and copying pursuant to Rule 4: 18-1, the following documents at the offices of Kenneth A. Vercammen, Esq., 2053 Woodbridge Avenue, Edison, New Jersey 08817, on ______[30 days from mailing date] at 9:05 a.m.:
RECORDS TO BE PRODUCED
1. All documents relating to the statements of witnesses to the occurrence alleged in your complaint including witnesses who were within sight or hearing of the occurrence or have knowledge from any source as to how it is thought to have occurred. 2. All documents relating to statements of any of the individual parties herein or officers or managing agents of any corporate parties herein. 3. All documents relating to the manner of the occurrence, the events giving rise or leading up to it and the cause thereof, other than any statements of witnesses or parties produced in response to any of the preceding requests. 4. All photographs of the scene of the occurrence. 5. All documents relating to the conditions at the scene of the occurrence (e.g., where appropriate, roadway, surface, weather, construction, traffic signals or signs) at the time of plaintiffs accident. 6. All documents relating to the investigation of the occurrence by or on behalf of any party herein other than those produced in response to any of the preceding requests. 7. All documents relating to the inspection or supervision of activities, if any, at the scene of the occurrence and at the time thereto. 8. All documents relating to complaints to defendant about the premises. 9. All documents in the nature of any expert reports concerning the explanation for or cause of the occurrence. 10. All documents relating to any claims that the Plaintiff sustained financial loss as a result of the occurrence in question, included, but not limited to, W-2 forms and tax returns. 11. All documents relating to the identity of any statute, ordinance or governmental code which it is alleged was violated by any party herein except as already produced in response to any preceding request. 12. Copies of any and all medical reports, bills, summaries, invoices, hospital discharge summaries and any other documents authored by any medical personnel relating to the treatment of the Plaintiff, diagnosis of any injuries and the prognoses of any recovery as a result of this incident. 13. Executed IRS Authorization in the form required by the Federal Government for the five years prior to the date of the incident or certified copies of all IRS tax returns for this period of time. 14. Plaintiffs W-2 forms for the five years prior to the date of the incident. 15. Executed Authorization to obtain personnel records from plaintiffs employer on the date of plaintiffs accident or copies of such personnel records. 16. Executed Authorization to obtain disability records or copies of disability records. 17. Executed Authorization to obtain workers compensation records or copies of such records. 18. Copies of reports of any and all laboratory tests, CT scans, EEGs, EKGs, X-rays and any other tests taken as a result of the injuries allegedly sustained in this accident. 19. All documents relating or referring to prior litigation plaintiff was involved in prior to or after plaintiffs present litigation, including, but not limited to, pleadings, deposition transcripts, interrogatory answers and expert witness reports.
____________________________________
REQUEST FOR PRODUCTION OF DOCUMENTS - FALL DOWN TO PLAINTIFF- RECORDS TO BE PRODUCED
1. All documents relating to the statements of witnesses to the occurrence alleged in your complaint including witnesses who were within sight or hearing of the occurrence or have knowledge from any source as to how it is thought to have occurred. 2. All documents relating to statements of any of the individual parties herein or officers or managing agents of any corporate parties herein. 3. All documents relating to the manner of the occurrence, the events giving rise or leading up to it and the cause thereof, other than any statements of witnesses or parties produced in response to any of the preceding requests. 4. All photographs of the scene of the occurrence. 5. All documents relating to the conditions at the scene of the occurrence (e.g., where appropriate, roadway, surface, weather, construction, traffic signals or signs) at the time of plaintiffs fall.
6. All documents relating to the investigation of the occurrence by or on behalf of any party herein other than those produced in response to any of the preceding requests. 7. All documents relating to the inspection or supervision of activities, if any, at the scene of the occurrence and at the time thereto. 8. All documents relating to complaints to defendant about the premises. 9. All documents in the nature of any expert reports concerning the explanation for or cause of the occurrence. 10. All documents relating to any claims that the Plaintiff sustained financial loss as a result of the occurrence in question, included, but not limited to, W-2 forms and tax returns. 11. All documents relating to the identity of any statute, ordinance or governmental code which it is alleged was violated by any party herein except as already produced in response to any preceding request. 12. Copies of any and all medical reports, bills, summaries, invoices, hospital discharge summaries and any other documents authored by any medical personnel relating to the treatment of the Plaintiff, diagnosis of any injuries and the prognoses of any recovery as a result of this incident. 13. Executed IRS Authorization in the form required by the Federal Government for the five years prior to the date of the incident or certified copies of all IRS tax returns for this period of time. 14. Plaintiffs W-2 forms for the five years prior to the date of the incident. 15. Executed Authorization to obtain personnel records from plaintiffs employer on the date of plaintiffs fall or copies of such personnel records. 16. Executed Authorization to obtain disability records or copies of disability records. 17. Executed Authorization to obtain workers compensation records or copies of such records. 18. Copies of reports of any and all laboratory tests, CT scans, EEGs, EKGs, X-rays and any other tests taken as a result of the injuries allegedly sustained in this accident. 19. All documents relating or referring to prior litigation plaintiff was involved in prior to or after plaintiffs present litigation, including, but not limited to, pleadings, deposition transcripts, interrogatory answers and expert witness reports. _____________________
COURT RULE 4:18. DISCOVERY AND INSPECTION OF DOCUMENTS AND PROPERTY, COPIES OF DOCUMENTS
4:18-1. Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes; Pre-Litigation Discovery
(a) Scope. Any party may serve on any other party a request (1) to produce and permit the party making the request, or someone acting on behalf of that party, to inspect and copy any designated documents (including writings, drawings, graphs, charts, photographs, phono-records, and other data compilations from which information can be obtained and translated, if necessary, by the respondent through electronic devices into reasonably usable form), or to inspect and copy, test, or sample any tangible things which constitute or contain matters within the scope of R. 4:10-2 and which are in the possession, custody or control of the party upon whom the request is served; or (2) to permit entry upon designated land or other property in the possession or control of the party upon whom the request is served for the purpose of inspection and measuring, surveying, photographing, testing, or sampling the property or any designated object or operation thereon, within the scope of R. 4:10-2.
(b) Procedure. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. A copy of the request shall also be simultaneously served on all other parties to the action. The request shall set forth the items to be inspected either by individual item or by category, and describe each item and category with reasonable particularity. The request shall specify a reasonable time, place, and manner of making the inspection and performing the related acts. The party upon whom the request is served shall serve a written response within 35 days after the service of the request, except that a defendant may serve a response within 35 days after service of the summons and complaint upon that defendant. On motion, the court may allow a shorter or longer time. The written response, without documentation annexed but which shall be made available to all parties on request, shall be served by the party to whom the request was made upon all other parties to the action. The response shall state, with respect to each item or category, that inspection and related activities will be permitted as requested, unless the request is objected to, in which event the reasons for objection shall be stated. If objection is made to part of an item or category, the part shall be specified. A party who produces documents for inspection shall produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the request. The party submitting the request may move for an order of dismissal or suppression pursuant to R. 4:23-5 with respect to any objection to or other failure to respond to the request or any part thereof or any failure to permit inspection as requested. (c) Persons not Parties. This rule does not preclude an independent action against a person not a party for production of documents and things and permission to enter upon land. Pre-litigation discovery within the scope of this rule may also be sought by petition pursuant to R. 4:11-1.

Docketing of a Judgment in New Jersey Courts Based on Another States Judgment

Docketing of a Judgment in New Jersey Courts Based on Another States Judgment


New Jerseys version of the UEFJA is this states selected mechanism for discharging its Full Faith and Credit obligations under U.S. Const. art. IV, 1. Singh v. Sidana, 387 N.J. Super. 380, 382 (App. Div. 2006), certif. denied, 189 N.J. 428 (2007). As we held in Sonntag Reporting Serv. Ltd. v. Ciccarelli, 374 N.J. Super. 533, 540 (App. Div. 2005), [t]he focus of the UEFJ is the enforcement of judgments. The statute was designed merely as a facilitating device and was not intended to alter any substantive rights of the parties in an action for enforcement of a foreign judgment. Id. at 539. Therefore, merit or substantive defenses, which could have been raised in the foreign state, must be raised in that states proceedings and cannot be used to collaterally attack the domesticated New Jersey judgment. Id. at 540.
However, the Constitutional requirements of the Full Faith and Credit Clause are predicated upon the judgment debtor having been accorded due process in the forum state. Id. at 538. A denial of due process occurs when the rendering state 1) lacked personal jurisdiction over the judgment debtor, 2) lacked subject matter jurisdiction, [or] 3) failed to provide the judgment debtor adequate notice and an opportunity to be heard. Ibid. (quoting Choi v. Kim, 50 F.3d 244, 248 (3d Cir. 1995)). Thus, the judgment debtor may raise due process defenses in any enforcement action in New Jersey under the UEFJA. Sonntag, supra, 374 N.J. Super. at 540. This is consistent with our jurisprudence that pre-dates the 1997 passage of the UEFJA. See James v. Francesco, 61 N.J. 480, 485 (1972) (Full Faith and Credit Clause only applies to foreign judgment grounded upon proper jurisdiction over the debtor).
N.J.S.A. 2A:49A-26 defines a foreign judgment as any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this State. (Emphasis added). Defendant argues since Maines judgments were obtained without the required personal jurisdiction over SeKap, they are not entitled to full faith and credit in New Jersey, and, hence, are not foreign judgments for purposes of N.J.S.A. 2A:49A-29(a) or (b). We reject this circular argument.
No reported New Jersey case has considered the stay provisions contained in N.J.S.A. 2A:49A-29. However, a number of other jurisdictions have considered the equivalent statutory language found in their versions of the UEFJA in circumstances similar to those presented here. Almost uniformly, these other jurisdictions have required the judgment debtor to post adequate security in order to stay execution of any judgment domesticated in those states.
In Jackson v. Alexander, 706 So.2d 364, 365 (Fla. App. 1998), the Florida appellate court interpreted that states version of the UEFJA which specifically provided for a stay of enforcement of a domesticated foreign judgment in two circumstances:
(1) If, within 30 days after the date the foreign judgment is recorded, the judgment debtor files an action contesting the jurisdiction of the court which entered the foreign judgment or the validity of the foreign judgment and records a lis pendens directed toward the foreign judgment, the court shall stay enforcement of the foreign judgment and the judgment lien upon the filing of the action by the judgment debtor.
(2) If the judgment debtor shows . . . any ground upon which enforcement of a judgment of any . . . court of this state would be stayed, the court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this state.
[Fla. Stat. 55.509(1) and (2).]
Thus, under subsection (1), the judgment debtor could specifically attack the forum states lack of jurisdiction. Nevertheless, despite the omission of any security requirement in subsection (1), the Florida court, reading the statute in pari materia, concluded the debtor was required to post a bond before the action challenging jurisdiction and staying execution could proceed. Ibid.; accord Expedia Inc. v. McKenneys Inc., 611 So.2d 98, 100 (Fla. App. 1992) (interplay of two subsections of Fla. Stat. 55.509 requires posting of security before stay of alleged invalid foreign judgment); SCG Travel v. Westminster Financial, 583 So.2d 723, 726 (Fla. App.), app. dismissed, 591 So.2d 185 (Fla. 1991).
In Segal v. Segal, 823 A.2d 1208 (Conn. 2003), the debtor sought a stay of enforcement of a domesticated Nevada judgment pending final decision of his appeal in Nevada. Id. at 1209. He argued that a judgment under appeal was not a judgment entitled to full faith and credit under the Constitution and, thus, not a foreign judgment under the UEFJA. Id. at 1213-14. The lower court agreed, and determined that the Nevada judgment was not enforceable as a final judgment entitled to full faith and credit until the appeal was decided. Id. at 1210. The Connecticut Supreme Court rejected this argument and concluded that without posting adequate security, the debtor was not entitled to stay enforcement of the domesticated judgment. It reasoned that any other interpretation of the statute would nullify the express provisions of the UEFJA which required the posting of adequate security pending direct appeal. Id. at 1214.
In Ex Parte Lyon Financial Servs., Inc., 775 So.2d 181 (Ala. 2000), the Alabama Supreme Court reversed the trial courts stay of enforcement of a Minnesota judgment against an Alabama debtor. Id. at 182. The debtor sought the stay based upon a third-party claim, initially brought in Minnesota, but dismissed by that court. Ibid. The debtor argued that it should be allowed to continue its litigation against the third-party in Alabama, and that all enforcement actions based upon the domesticated Minnesota judgment should be stayed pending the resolution of its suit. Ibid. Interpreting Alabamas version of N.J.S.A. 2A:49A-29(b), the court concluded that the debtor was not entitled to the stay because 1) the third-party claim would not properly result in a stay under Alabama law and 2) the debtor had not posted the required security. Id. at 184. Accord Hinkle, Cox, Eaton, Coffield & Hensley v. The Cadle Co., 676 N.E.2d 1256, 1257 (Ohio App.) (holding debtor must post security to obtain a stay under Ohios equivalent of N.J.S.A. 2A:49A-29(b)), discretionary appeal not allowed, 673 N.E.2d 143 (Ohio 1996).
In Dependable Ins. Co. v. Automobile Warranty Corp., 797 P.2d 1308 (Colo. App. 1990), the court interpreted Colorados stay provisions which are identical to N.J.S.A. 2A:49A-29. Id. at 1309-10. In that case, defendant debtor filed a direct appeal of the Florida judgment in Florida and then sought a stay of execution on its assets in Colorado based upon the domesticated Colorado judgment. Id. at 1309. Noting the important purpose of a supersedeas bond is to protect the non-appealing partys rights during an appeal, the court concluded that despite the pending direct appeal in Florida, the debtor was required to post a bond to secure a stay of execution in Colorado. Id. at 1310. Otherwise, the statutes purpose would be negated. Ibid. It then considered the debtors second argument under Colorados equivalent to N.J.S.A. 2A:49A-29(b). Ibid. The court concluded that since Colorado law required the posting of security to obtain a stay, defendants failure to post security required denial of the stay. Ibid. But see Pickwick Intern. v. Tomato Music Co., Ltd., 462 N.Y.S.2d 781, 784 (Sup. Ct. Spec. Term 1983) (holding under New Yorks equivalent of N.J.S.A. 2A:49A-29(b), court may, in its discretion, stay execution without posting of security because New York law permitted a stay under such circumstances).
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-4284-05T24284-05T2
STATE OF MAINE,
Plaintiff-Respondent,
v.
SEKAP, S.A. GREEK COOPERATIVE
CIGARETTE MANUFACTURING
COMPANY, S.A.,
Defendant-Appellant.
________________________________________________________________
Argued January 24, 2007 - Decided April 17, 2007
Before Judges Wefing, Parker and Messano.
In this appeal, we are required to interpret provisions of New Jerseys version of the Uniform Enforcement of Foreign Judgments Act (the UEFJA), N.J.S.A. 2A:49A-25 to -33, and in particular, N.J.S.A. 2A:49A-29 which sets forth the procedure to stay execution of a foreign judgment domesticated in New Jersey. Defendant, SeKap, S.A. Greek Cooperative Cigarette Manufacturing Company, S.A. (SeKap), appeals the motion judges orders vacating a stay of execution previously entered in its favor, and denying its cross-motion for summary judgment. We affirm the judges decision, but remand the matter for further proceedings consistent with our opinion.
I.
In August, 2002, the state of Maine filed suit in Maine seeking to compel SeKap to deposit $312,945.38 into an escrow account. SeKap did not join in the 1998 national Master Settlement Agreement (MSA) wherein a number of states settled litigation against numerous cigarette manufacturers. After the settlement was reached, several states, including Maine, adopted model legislation which compelled non-settling cigarette manufacturers to establish escrow accounts in those various states and deposit monies in the accounts based upon the volume of cigarette sales in that particular state. These escrow accounts were designed to offset any competitive advantages non-settling manufacturers might otherwise gain by not participating in the MSA, and the monies in the escrow accounts were to be used to satisfy any judgments or settlements each state might obtain against the non-settling manufacturers. Maines version of the model escrow statue is codified at 22 M.R.S.A. 1580-I. Those manufacturers that do not establish and fund the mandatory escrow accounts are subject to monetary penalties pursuant to the statute.
Maines complaint alleged that SeKap had not established or funded the required escrow account for its cigarette sales in Maine under the brand names, Marathon or GR, during 2001. The complaint sought judgment requiring SeKap to post the required amount, as well as a statutory penalty in the amount of $938,836.14. Maine alleged it had personal jurisdiction over SeKap because the company transact[ed] business within . . . Maine by supplying tobacco products, either directly or through a distributor . . . within . . . Maine, to consumers within. . . Maine.
Maine served its complaint through the Hague Convention and SeKap does not challenge the sufficiency of service. When SeKap failed to answer or appear, Maine successfully moved for default. In September, 2003, the Maine court entered judgment against SeKap for $1,251,781.50 and enjoined the sales of its cigarettes in Maine. This procedure was repeated with the filing of a second complaint in Maine in July, 2003 seeking additional monies and penalties for SeKaps alleged 2002 tobacco sales. Once again, SeKap failed to appear, and a second judgment was entered against it in December, 2004, in the amount of $1,128,646.50 along with similar injunctive relief.
Utilizing the procedure set forth in N.J.S.A. 2A:49A-27 and -28, Maine applied to the Superior Court in New Jersey and docketed the two foreign judgments in March, 2005. In April, the New Jersey court entered writs of execution for both judgments which were served upon Wachovia Bank in Morristown. In May, SeKap moved via an order to show cause to temporarily restrain any execution on the account, to vacate the writs of execution and to vacate the docketed judgments, alleging Maine lacked personal jurisdiction over it. The motion judge granted the order to show cause, entered temporary restraints and set the matter down for a further hearing.
After a hearing held on July 1, 2005, a second motion judge denied Maines request to dissolve the temporary restraints, and entered an order that provided
Defendant shall have sixty days in which to seek relief from judgment in Maine pursuant to N.J.S.A. 2A:49A-29(a) and (b). Upon proof of compliance with section (a) and the posting of security to satisfy the judgment, enforcement shall be stayed. Otherwise, enforcement shall take effect on September 6, 2005. Thereafter, plaintiff may move before the court to dissolve the restraints.
Sekap did not file an appeal in Maine, nor post security, within the sixty day period.
In December, Maine moved to dissolve the restraints; SeKap cross-moved for summary judgment seeking to vacate the writs of execution and the docketed New Jersey judgments. In support of its cross-motion, SeKap argued that it need not post any security in order to stay execution of the writs and challenge the New Jersey judgment because the Maine judgment was void for lack of personal jurisdiction. It supplied the certification of its Director, Yiannis Bitos, that contained the following facts: SeKap was organized as a Greek co-operative under Greek law; it has no offices, branches, employees or agents in any state in the United States; it does not maintain an agent for service of process in the United States; it owns no property in, has no assets in, and has never contracted with anyone in Maine; no officer, agent or director of SeKap has physically been present in Maine; and, SeKap has never solicited or advertised its products in Maine. The certification explained that SeKap contracted with a Cypriot corporation, Denova, Serives, Ltd. (Denova), for the distribution of tobacco products in North America. SeKap has no control or ownership interests in Denova, nor does it control the marketing, pricing or sales of its products in the United States. Lastly, Bitos certified that SeKap did not dictate, require or request that [its] product be sold in Maine.
On February 6, 2006, a third judge heard the motion and cross-motion. He noted that SeKap had not complied with the prior order of the court since it had not filed an appeal in Maine challenging jurisdiction. He further found that defendant had not complied with N.J.S.A. 2A:49A-29(a) or (b) which sets forth the applicable procedures for appealing the enforcement of domesticated judgments. He dissolved the restraints. Turning to SeKaps cross-motion, he concluded
[T]here has been no showing that the defendant ever sought any relief from the judgment in the State of Maine and, basically, Im denying the cross-motion because defendant counsel failed to provide the Court with any evidence that Maine lacked jurisdiction over the defendant. Thats an issue that they should be taking up in the court in Maine, not here.
(Emphasis added.)
The cross-motion was denied.
Sekap moved for reconsideration. In part, defense counsel requested the court to reconsider the Bitos certification which was apparently unsigned when it accompanied the original motion papers. He advised the court that a signed, notarized certification had indeed been faxed to the court prior to the original motion being heard. Once again the motion judge concluded that SeKap had not pa[id] the judgment, or deposit[ed] the security to stay the judgment pending resolution of the jurisdictional issue in the State of Maine. He found no basis for reconsideration and denied Sekaps motion. This appeal ensued.
II.
We begin by By asserting Maine lacked personal jurisdiction over the company, SeKap raised a due process defense. It contends that until New Jersey courts decide the jurisdictional question, it is entitled to a stay of execution on any New Jersey assets if the writ of execution is based upon the challenged judgment. On this point, we disagree.
N.J.S.A. 2A:49A-29, entitled Appeal, stay of execution, enforcement, provides
a. If the judgment debtor shows the Superior Court that an appeal from the foreign judgment is pending or will be taken, or that a stay of execution has been granted, the court shall stay enforcement of the foreign judgment until the appeal is concluded, the time for appeal expires, or the stay of execution expires or is vacated, upon proof that the judgment debtor has furnished security for the satisfaction of the judgment required by the state in which it was rendered.
b. If the judgment debtor shows the Superior Court any ground upon which enforcement of a judgment of the Superior Court would be stayed, the Superior Court shall stay enforcement of the foreign judgment for an appropriate period, upon requiring the same security for satisfaction of the judgment which is required in this State.
SeKap argues that N.J.S.A. 2A:49A-29 only applies to valid foreign judgments -- judgments predicated upon proper due process guarantees -- and not to domesticated foreign judgments founded upon an improper extension of personal jurisdiction in the forum state. It contends that the UEFJAs definition of the term foreign judgment supports this interpretation.
SeKap has not brought to our attention any authority to the contrary. Our Legislature specifically provided that the UEFJA shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. N.J.S.A. 2A:49A-33. We have looked to the decisional law of sister states in interpreting other provisions of the UEFJA. Sonntag, supra, 374 N.J. Super. at 540-41. Moreover, in other circumstances where the Legislature has spoken so clearly, we have held that sister-states interpretations of uniform legislation are persuasive authority. New Jersey Lawyers Fund for Client Protection v. Pace, 374 N.J. Super. 57, 64 (App. Div. 2005), (noting out-of-state decisions are persuasive given requirement that the UCC be construed uniformly), affd 186 N.J. 123 (2006).
Returning to the issue presented in this case, SeKap failed to demonstrate an appeal from the foreign judgment [was] pending or [would] be taken, or that a stay of execution [had] been granted in Maine. Thus, separate and apart from the posting of any security, SeKap was not entitled to a stay of execution of Maines domesticated judgments pursuant to N.J.S.A. 2A:49A-29(a).
Additionally, SeKap was not entitled to a stay of execution pursuant to N.J.S.A. 2A:49A-29(b). Although it may have show[n] the Superior Court a[] ground upon which enforcement of a judgment of the Superior Court would be stayed - Maines lack of personal jurisdiction - it failed to post the same security for satisfaction of the judgment which is required in this State. Although not specifically advanced as one of defendants contentions, we note that N.J.S.A. 2A:49A-27 provides that a properly domesticated foreign judgment has the same effect and is subject to the same procedures, defenses and proceedings for reopening, vacating, or staying as a judgment of a Superior Court of this State and may be enforced in the same manner.
Thus, a judgment debtor might argue that the obligation to post security required by N.J.S.A. 2A:49A-29(b) is subject to the same procedures . . . and proceedings for . . . staying [] a judgment in New Jersey.
We recognize that SeKaps challenge to Maines jurisdiction must be initially brought in the Law Division. As we noted in Sonntag,Trial courts of sister states may inquire into defenses of lack of jurisdiction in the foreign court or fraud in procurement of the judgment, provided that those issues have not been litigated in the forum court.
[Sonntag, supra, 374 N.J. Super. at 538.]
Therefore, our standard governing the granting of a stay of enforcement of a money judgment on appeal is not applicable. See R. 2:9-5(a) (while the court may exercise its discretion to consider each request on its facts, absent a showing of good cause, the posting of a bond or cash is required); Pressler, Current N.J. Court Rules, comment 1 on R. 2:9-5(a) (2007).
R. 4:50-1 allows for the granting of relief from a judgment or order upon such terms as are just. In the context of an application to vacate a default judgment, the courts discretion must be liberally exercised. Housing Authority of the Town of Morristown v. Little, 135 N.J. 274, 283-84 (1994). We have held that absent extraordinary circumstances, a court should not condition the vacation of a default judgment upon the debtors posting of a bond. Regional Const. Corp. v. Ray, 364 N.J. Super. 534, 544 (App. Div. 2003). Rather, a less burdensome alternative -- permitting the judgment to remain in place while execution is stayed -- should be employed. Ibid.
We have once before, however, limited the scope of R. 4:50-1 in the context of its application to the UEFJA. In Sonntag, we concluded that despite the language of N.J.S.A. 2A:49A-27, relief under the rule was limited to New Jersey judgments. Sonntag, supra, 374 N.J. Super. at 539; Pressler, supra, comment 1 on R. 4:50-1 (2007). Since the UEFJA . . . was not intended to alter any substantive rights of the parties, we construed N.J.S.A. 2A:49A-27 and R. 4:50-1(f) to permit a collateral challenge in New Jersey to a domesticated foreign judgment only on due process grounds. Sonntag, supra, 374 N.J. Super. at 539. Such a narrow construction was necessary to harmonize the UEFJA with the Full Faith and Credit Clause. Id. at 539-40.
We now hold that in order to stay execution of a foreign judgment pursuant to the UEFJA, a judgment debtor must strictly comply with the statutes provisions and post security for satisfaction of the judgment before a stay is issued. Any other interpretation would lead to the anomalous result that a judgment debtor would be required to post security or obtain a stay from the rendering state while directly appealing the judgment in that state, N.J.S.A. 2A:49A-29(a), but not be required to post security to obtain a stay while it raised an identical due process defense in New Jersey. Such a result would give the debtor more rights here . . . than the rendering state gives him there. SCG Travel, supra, 583 So.2d 726. We are satisfied that the Legislature never intended such a result since it would fail to effectuate [the UEFJAs] general purpose to make uniform the law of those states which enact it. N.J.S.A. 2A:49A-33. Furthermore, construing N.J.S.A. 2A:49A-27 and 29(b) in this manner assures the constitutional right of a judgment creditor to enforcement of the judgment in a sister state . . . is not curtailed. Sonntag, supra, 374 N.J. Super. at 539.
III.
Although we conclude that SeKap was not entitled to stay the enforcement of Maines judgments because it failed to comply with N.J.S.A. 2A:49A-29(a) or (b), we nonetheless remand the question of whether the judgments are void for lack of personal jurisdiction to the trial court. In this regard, the motion judge did not consider the Bitos certification at the first hearing. On the motion for reconsideration, he may have considered the certification, but he mistakenly applied the wrong standard to this aspect of SeKaps cross-motion for summary judgment. He concluded that SeKap could not raise the jurisdictional argument until it pa[id] the judgment, or deposit[ed] the security to stay the judgment pending resolution of the jurisdictional issue in the State of Maine. As noted above, consistent with Constitutional mandates and the UEFJA, the judgment debtor may challenge jurisdiction collaterally in New Jersey by raising a due process defense. Sonntag, supra, 374 N.J. Super. at 540.
The motion judge mistakenly applied the requirements of N.J.S.A. 2A:49A-29 to deny all the relief sought by SeKap, including the underlying challenge it made to the validity of the foreign judgments. The UEFJA requires neither the direct appeal of the default judgments in Maine, nor the posting of adequate security in New Jersey, before Sekap may assert a due process challenge to the domesticated judgments. By its express terms, the requirements of N.J.S.A. 2A:49A-29 only apply to the debtors request of a stay of execution.
Therefore, on remand, the judge must decide SeKaps jurisdictional challenge to Maines judgments and determine whether Maine possessed adequate personal jurisdiction over SeKap. A remand is required because we cannot resolve the issue on the current record.
In opposing the jurisdictional argument made in SeKaps cross-motion for summary judgment, and its motion for reconsideration, Maine provided little by way of factual proofs that demonstrated its basis for asserting personal jurisdiction over the company. Attached to counsels certification were two unreported decisions, one from a court in Maine, and one from a court in Ohio, neither of which involved SeKap as a party. Counsel also submitted a copy of a contract between SeKap and ITW Manufacturing, dated December 14, 2000, in which SeKap agreed to manufacture Marathon brand cigarettes for the United States market.
When a defendant asserts lack of personal jurisdiction, the plaintiff bears the burden of demonstrating that the defendants contacts with the forum state are sufficient to confer personal jurisdiction on the court. Jacobs v. Walt Disney World, 309 N.J. Super. 443, 454 (App. Div. 1998) (quoting Giangola v. Walt Disney World Co., 753 F. Supp. 148, 154 (D.N.J. 1990). As we noted in Jacobs, In the early stages of a proceeding where the factual record consists of only pleadings and affidavits, plaintiffs burden is satisfied by establishing a prima facie case of jurisdiction. Jacobs, supra, 309 N.J. Super. at 454 (quoting Cresswell v. Walt Disney Prod., 677 F. Supp. 284, 286 (M.D.Pa. 1987)). While determination of the issue may be made upon affidavits, our Court Rules specifically allow for oral testimony, depositions and cross-examination when affidavits do not suffice. R. 1:6-6; see also Jacobs, supra, 309 N.J. Super. at 454. In short, further discovery is permitted and may be necessary to resolve the jurisdictional issues. Id. at 462; see also Makopoulos v. Walt Disney World, Inc., 221 N.J. Super. 513, 518 (App. Div. 1987) (remand for further discovery required to determine whether solicitation provided basis for personal jurisdiction), certif. denied, 117 N.J. 661 (1989). Maine authority recognizes that an evidentiary hearing may be necessary when written submissions raise disputed issues of fact as to personal jurisdiction. Dorf v. Complastik, Corp., 735 A.2d 984, 989 (Me. 1999).
Discovery may be particularly useful when the relationship between a party and an affiliate must be explored. Jacobs, supra, 309 N.J. Super. at 456. Here, the relationship between SeKap and Denova might properly be the subject of [a]dditional discovery [that] may establish by competent evidence the mechanics of the arrangement. Id. at 457. Likewise, SeKap should be entitled to challenge Maines conclusory statements that SeKap transacted business in the State of Maine because it contracted to manufacture cigarettes for the United States market.
IV.
In summary, we hold that the motion judge properly concluded that SeKap was not entitled to any stay of execution because it failed to post the security required by N.J.S.A. 2A:49A-29. We also conclude that on the record presented, SeKaps cross-motion for summary judgment was properly denied. We hold that the assertion of a due process defense to the domesticated judgment may be properly raised without the posting of any security and we remand the matter to the motion judge to consider SeKaps jurisdictional challenge. In remanding the matter to the trial court, we do not imply any particular resolution of the jurisdictional issue. We only hold that the current record makes resolution of the issue impossible. The parties shall advise the motion judge whether they wish to engage in jurisdictional discovery, or otherwise supplement the record on the issue. We leave to the sound discretion of the judge control over the nature and scope of any discovery requested.
Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion. We do not retain jurisdiction.