Articles Posted in Injuries

A Jackson, NJ, teenager filed a lawsuit late last month in Ocean County Superior Court seeking an undivulged amount of damages in connection with a fireworks mishap that left him partially blind. That lawsuit has refueled a long-lived debate over the legality of selling fireworks to residents of states in which their use is illegal. (1)

Last summer, 19-year-old Thomas Eldershaw agreed to help a friend set off fireworks during a July 4th celebration when one of the explosives miss-fired hitting Eldershaw in the face and eye. Eldershaw suffered facial burns and was left partially blinded as a result of this accident. His lawsuit names the seller of the fireworks — Sky King Fireworks of Morrisville, PA, the manufacturer of the fireworks and the friend who purchased the fireworks. (2)

New Jersey is one of a few states that continues to ban all consumer fireworks and allows display fireworks only by permit. As a result, the sale, exposure for sale, distribution, possession and use of fireworks within the State is illegal. (3) The neighboring state of Pennsylvania, however, does allow the sale of fireworks to consumers other than Pennsylvania residents. This has allowed for the establishment of so-called “border stores,” which has long been a contention between the two states. (2)

A State Appeals Court last week overturned a ruling by a lower court judge and gave the okay for a lawsuit to proceed against the New Jersey Sports and Exposition Authority (NJSEA). The lawsuit involves a 2006 escalator accident at the old Giants Stadium in East Rutherford. (1)

The suit was filed by Thomas DiBartolomeo, one of several people injured when leaving the stadium following an October 1, 2006 Jets game. The lawsuit was originally filed against the NJSEA, operator of the stadium, and the Schindler Elevator Company, the company that maintained the escalator. According to the suit the escalator malfunctioned causing fans to fall on top of each other. DiBartolomeo required hip surgery and also developed a hernia following the accident. The suit alleged that a mechanic employed by Schindler had alerted the NJSEA to the potential dangers of overloading the escalator. (2)

The original lawsuit was dismissed by the trial judge. While the appellate court agreed that the Schindler Elevator Company was not responsible for the accident, it did rule in favor of letting the suit against the NJSEA proceed. In its decision, the court noted that DiBartolomeo established that the escalator, when used in a “normal and foreseeable” manner, posed a danger to the public and that the NJSEA had been made aware of this potential danger. (1)

Almost two years after a Continental plane crashed into a home near Buffalo, N.Y., lawyers have gone to court to discuss a number of wrongful death lawsuits still pending in connection with the case, according to recent reports. (1)

A total of 43 lawsuits have been filed claiming wrongful death in connection with the February 12, 2009, crash, including one by the parents of a 24-year-old Parsippany woman, Madeline Loftus, who was among those killed in the accident. (2)

Fifty people were killed when Continental Connection Flight 3407 crashed into a home in Clarence, N.Y., which is about 20 miles from the Buffalo airport – the plane’s final destination. The victims included all 49 people aboard the plane, about 11 of whom were from New Jersey, and the home’s owner. (2)

For more than two decades, efforts have been made to require the use of safety helmets by young downhill skiers and snowboarders. This month those efforts have come closer to making that requirement a law. (1)

The State Assembly Tourism and Acts Committee recently approved a bill requiring all skiers and snowboarders under 18 to wear safety helmets while on New Jersey slopes. The bill had passed the State Senate last August and is now pending approval by the full Assembly. (2)

The bill is intended to decrease the number of head injuries suffered as a result of accidents on New Jersey ski slopes. Recently Morristown Memorial Hospital conducted a study which showed that while wearing a helmet may not significantly decrease injuries suffered in high-speed incidents, it could prevent 30% to 50% of injuries suffered in moderate-speed falls. (2)

A civil jury this week found that emergency responders took too long to arrive at a multi-car accident scene on the Atlantic City Expressway despite multiple 9-1-1 calls and awarded $8.7 million to a Mays Landing woman who lost her leg in that accident. (1)

The accident occurred on December 4, 2005. The woman, Janet Henebema, was returning home from her job at an Atlantic City casino when she hit a patch of black ice. Two other cars had hit the same ice patch earlier, causing them to crash into a barrier. Ms. Henebema was able to slow her car down, but the car still crashed into one of the disabled cars. When Henebema left her vehicle to walk to the shoulder of the road, she was struck by yet another car that hit the same ice patch. Ms. Henebema’s leg was severed as a result. (2)

In the civil trial it was discovered that the first accidents occurred more than one half-hour before Ms. Henebema’s car crashed and at least eight phone calls were made to 9-1-1 reporting the accidents. (3)

New Jersey lawmakers are seeking stronger penalties for harassment crimes, including invasion of privacy and cyber-bullying in an effort to curb these violations.

This action is partially in response to the recent incident at Rutgers University where Dharun Ravi and Molly Wei, two students, allegedly videoed a third student, Tyler Clementi, in an intimate encounter and streamed it live over the internet. Clementi later took his own life. Ravi as well as Wei face charges of invasion of privacy, currently a third degree offense. These charges carry a penalty of up to three to five years in jail and/or a fine of up to $15,000. (1)

Senator Shirley K. Turner, a Democrat from Mercer County, has proposed legislation that would elevate invasion of privacy to a second degree offense. As such, it would carry a prison term of up to five to ten years and/or a fine of up to $150,000. The increased jail time, she hopes, would deter similar crimes from happening in the future. (2)

Concussions, if not properly managed, can have serious long-term effects and, in the most severe cases, can even result in death. On September 30, 2010, the House of Representatives, by a majority vote, approved a bill that would help protect student athletes from these serious ramifications. (1)

The Concussion Treatment and Care Tools Act (ConTACT Act) was written by Democrat Rep. Bill Pascrell. It would require that the Department of Health and Human Services hold a conference of professionals from the athletic, medical and educational fields to set guidelines for managing concussions, including setting standards for when student athletes should be allowed to return to their sport following a concussion. The bill would also allow for grants to be issued to states looking to purchase concussion testing equipment and institute concussion management policies. (1)

A concussion occurs when the brain is pushed around inside the skull and can be caused by a direct hit to the head or a sudden stop. Not every concussion causes unconsciousness. Symptoms, however, include dizziness, nausea, sensitivity to light/noise, headaches, and trouble concentrating. (2)

Bullying among adolescents is serious behavior that requires serious attention. This was confirmed recently by the State Division on Civil Rights.

Reports on August 31 stated the Division found sufficient evidence to indicate that the Old Bridge Township Board of Education failed to take adequate action to stop reported incidents of bullying at its Jonas Salk Middle School and that the mother of the victim of that bullying may continue her suit against the Board. (1)

The mother’s complaint alleges her son was harassed by other students because of his religious affiliation and what they perceived to be his sexual preference. About 11 individual incidents involving 14 students reportedly occurred against the boy between September 2006 and January 2007. No disciplinary action was taken in two of the incidents because of insufficient information, but the school did dole out punishments ranging from warnings to in-school suspensions in the other incidents. Because these punishments did not stop the bullying, the Division determined the Board had not done enough. (1)