PRACTICE PAPERS
Automobile Injury
Patel v. New Jersey Motor Vehicle Commission
Tuesday, November 10, 2009
Under N.J.S.A. 39:4-97.2(e), the exemption provision for assessing motor vehicle penalty points for an unsafe driving offense that occurs more than five years after "the prior offense," "the prior offense" refers only to the most recent preceding offense.
SPONSOR SPOTLIGHT
Jackowitz v. Lang
Monday, August 3, 2009
In a civil compensatory damage trial, admonishing a jury to "send a message" to "defendant and other drivers" who abuse their driving privileges is inappropriate and the trial judge did not commit error in setting aside the verdict and ordering a new trial.
Riley v. Keenan
Thursday, April 9, 2009
Even assuming the employee's work-related sleep deprivation, liability will not be extended to an employer where it neither knew nor had control over its employee's "incapacity" and took no affirmative action to worsen it, and where the independent intervening act of the employee's intoxication broke any causal connection between work fatigue and an automobile accident.
Bolz v. Bolz et al
Thursday, May 8, 2008
Where an automobile collision involves both public and private tortfeasors, apportionment of each driver's negligence or fault must be assessed, even if there is a possibility that the public entity may not be liable for damages because plaintiff did not meet the Tort Claims Act injury threshold.
State v. Schadewald
Monday, May 5, 2008
Where the court was unable to determine from the record whether defendant was entitled to a step-down in sentencing based on a prior uncounseled plea, the case was remanded.
State v. Sloane
Monday, February 11, 2008
During a motor vehicle stop, the passenger, like the driver, is seized under the federal and state constitutions and police do not need a reasonable suspicion before they may access the NCIC database.
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