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Betsy G. Ramos, Esq.
The plaintiff Anthony Victor filed suit against the Borough of Red Bank and its Board of Education after he tripped over the dugout bench that had been moved behind the bleachers of the municipality’s baseball field. The plaintiff had been at the Red Bank Count Basie Field to watch his grandson’s baseball game. The issue […]
Ralph R. Smith, 3rd, Esq.
When I examine employee handbooks as part of my legal review of such documents, a frequently seen policy involves dress codes and the inclusion of possible employee sanctions for not following such a policy. Most policies I review inform employees that if they fail to follow the dress code they will be sent home and […]
Jaclyn M. Terranova, Esq.
One of the many defenses employers can raise in a workers’ compensation case is that of employee intoxication. N.J.S.A. 34:15-7 states that when an injury or death is intentionally self-inflicted, or when it is a matter of intoxication, the employee is not entitled to compensation. However, the intoxication defense is rarely successful in New Jersey […]
Benjamin H. Zieman, Esq.
In the recent precedential opinion of Radiation Data, Inc. v. N.J. Dep’t of Envtl. Prot., 2018 N.J. Super. LEXIS 149 (App. Div. Nov. 2, 2018), the Appellate Division highlighted the importance of resolving a public employee’s assertion of qualified immunity on a motion to dismiss for failure to state a claim that was filed under the […]
Ralph R. Smith, 3rd, Esq.
With 2019 around the corner, employers are presented with a wonderful opportunity to review internal policies/procedures and hopefully help avoid future workplace legal problems. Here are five suggested New Year’s Workplace Resolutions for 2019. When was the last time your employee handbook was reviewed and updated? Policies and procedures need to be revised periodically to […]
Ryan P. Duffy, Esq.
I’Asia Moreland and Valerie Benning were a same-sex couple who lived with Moreland’s two biological children, I’Maya and I’Zhir, and Benning’s godson, Armonti. On January 30, 2009, the five of them were waiting to cross the street to attend a “Disney on Ice” show in Trenton, New Jersey, when a fire truck and a pickup […]
Edward F. Kuhn, III, Esq.
The use of a cell phone by a commercial truck driver at the time of a motor vehicle accident may subject the driver to punitive damages. In Ehler v. Old Dominion Freight Line, No. 2018-00307 (C.P. Lebanon August 30, 2018), filed in the Court of Common Pleas, Lebanon County, Pennsylvania, a commercial truck driver was […]
Capehart Scatchard
By: Kristen Mowery, Law Clerk Under New York law, courts recognize an exception to the ordinary duty of care owed—that is, to keep the landowner’s premises reasonably safe of dangerous or hazardous conditions—known as the storm in progress doctrine. Brandimarte v. Liat Holding Corp., 158 A.D.3d 664, 664-65 (N.Y. App. Div. 2018); Gervasi v. Blagojevic, 158 […]