New Jersey Injury Lawyers Blog

NJ Teen’s Lawsuit Refuels Debate over Fireworks Sales

April 9, 2011 | The Victor Rotolo Law Firm

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)

Bayer Unit Faces $100 Million Gender Bias Lawsuit

March 26, 2011 | The Victor Rotolo Law Firm

It is another in a spate of gender discrimination lawsuits filed recently against large corporations: last Monday a class action lawsuit was filed against Bayer HealthCare Pharmaceuticals and its parent, Bayer Corp., both U.S. units of Bayer AG, alleging the company has engaged in various discriminatory behaviors against its female employees. (1)

The lawsuit, filed in U.S. Federal Court in Newark on behalf of six former and current employees, claims that the company discriminates against women in terms of salary, job opportunities and family leave. (1)

Specifically, the lawsuit claims Bayer’s female employees receive less compensation than their male peers, are denied promotion opportunities and are offered only opportunities for lower ranking positions. Such actions violate Title VII of the Civil Rights Act of 1964, the Equal Pay Act of 1963, and the Family Medical Leave Act, all federal laws; as well as the New Jersey State Family Leave Act and the Law Against Discrimination. (2)

Rules of the Road Pertain to Cyclists and Motorists Alike

March 12, 2011 | The Victor Rotolo Law Firm

As spring draws near, people eagerly await the opportunity to get outside and enjoy the warmer weather. Walking, jogging and biking have long been popular outdoor activities. Here in the Northeast that means more people sharing already-crowded roadways. Ignoring the rules of the road could have tragic outcomes.

On March 2, 2011, Alison Miller, 33, was taken to Morristown Memorial Hospital via airlift after being struck by a car on Route 57 in Hackettstown. It was reported that Ms. Miller was riding her bike in an eastern direction on the westbound shoulder of the roadway when she was hit by a car driven by Karl Weber, 73, as he attempted to make a right-hand turn. No summonses were immediately issued at the scene and, fortunately, Ms. Miller was released from the hospital soon after being treated. (1)

Not all bicycle accidents have such fortunate endings and cyclists have more to worry about than just automobiles. Last month New York City Mayor Michael Bloomberg signed a law that would require the collection of data on bicycle crashes within the city and on fatalities and injuries related to those crashes. This legislation was supported by Westfield, N.J. resident Nancy Gruskin, widow of Stuart Gruskin. Mr. Gruskin died in May 2009, three days after being struck by a bicycle deliveryman traveling the wrong way on a one-way Manhattan street. While this law focuses on greater safety for pedestrians in New York, Mrs. Gruskin points out that many residents of New Jersey commute to the city each day and, consequently, are affected by this new law. (2)

Appellate Court Gives Green Light to Lawsuit over Giants Stadium Escalator Mishap

February 26, 2011 | The Victor Rotolo Law Firm

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)

Wrongful Death Lawsuits Still Pending Two Years after Plane Crash near Buffalo, NY

February 12, 2011 | The Victor Rotolo Law Firm

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)

Decades Old Battle Nears End: Winter Sports Helmet Requirement Closer to Becoming Law

January 29, 2011 | The Victor Rotolo Law Firm

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)

Father of Victim Sues Estate of Former Police Officer in Fatal Car Crash

January 14, 2011 | The Victor Rotolo Law Firm

A lawsuit seeking to recover damages in the “wrongful death” of a young Newton woman has been filed by the woman’s father against the estate of Brian Kern, driver of the car involved in the fatal collision. (1)

Richard Bubendorf, acting as administrator of his daughter’s estate, filed the lawsuit in State Superior Court in Morristown claiming that Kern was legally intoxicated at the time of the accident and that his reckless driving resulted in the fatal crash. The 25-year-old Kern, an officer on the Andover police force for three years, was off-duty at the time of the accident. (2)

Bubendorf’s 19-year-old daughter, Kristen, was a passenger in Officer Kern’s pickup truck last April 19 when Kern lost control of the vehicle, hit a guardrail and flipped on the westbound lane of Route 80 in Mount Olive. Both Kern and Bubendorf were ejected from the vehicle and died as a result of injuries suffered in the crash; two other passengers suffered injuries but survived the accident. (2)

NJ Police Step Up Efforts to Battle Drunk Drivers

December 28, 2010 | The Victor Rotolo Law Firm

Police across the State have stepped up efforts this holiday season to crack down on drunk drivers. Two recent incidents illustrate just how serious the problem can be.

*Amy Locane, a former “Melrose Place” actress and Hopewell, NJ, resident, was indicted recently on charges of killing a Montgomery Township woman and injuring her husband as a result of a motor vehicle accident in which the actress allegedly was driving under the influence. This accident followed an earlier hit-and-run accident in Princeton, NJ, involving the actress. Locane faces a decades-long prison term if convicted. (1)

*A resident of Freehold, NJ, Samuel Perez Ramirez, pleaded guilty to driving while intoxicated in an accident that resulted in the death of his own father, a passenger who was ejected from the vehicle when it struck another car after failing to stop at a stop sign. Ramirez’s blood-alcohol level at the time of the accident was reportedly three times over the legal limit. (2)

Consumers to Benefit from Settlement between Used Car Dealer and State

December 4, 2010 | The Victor Rotolo Law Firm

The State does not look lightly on false advertising and other misleading business practices as at least one New Jersey used car dealer learned recently.

Although it did not admit to any wrongdoing, Global Auto, Inc., based in Elizabeth, NJ, agreed to pay a $140,000 settlement to resolve a lawsuit brought against it by the State’s Attorney General and the Division of Consumer Affairs alleging misleading business practices. (1)

The lawsuit, filed a year ago, alleges that Global Auto, Inc., also known as Auto Collection Group, violated the State’s consumer protection regulations and laws. Among those violations were:

NJ Firm, University Face Discrimination Charges

November 28, 2010 | The Victor Rotolo Law Firm

A class-action suit has been filed against Quest Diagnostics charging the Madison, NJ-based firm with age discrimination practices.

According to the lawsuit, the company restructured its sales force in 2008 and since that time allegedly held its older employees to higher performance standards than its newer, younger workers. The suit alleges that the company held its older sales employees to unachievable quotas and that these quotas were not revised when economic conditions faltered. Instead, according to the suit, regular employee evaluations were conducted. Under-performing employees were put on three-month probation. Employees who could not meet quotas were given 30-days’ notice and, if performance did not improve within that time, the employees were fired. (1)

While only one plaintiff is involved with the suit at this time, at least 40 others have expressed similar experiences. It is up to the court to decide if the suit could be expanded to include more litigants. (1)