New Jersey Injury Lawyers Blog

Age Discrimination is Unlawful Even in “At Will” State

September 9, 2010 | The Victor Rotolo Law Firm

Even though New Jersey is an “at will” employment state, the New Jersey State Supreme Court this past summer ruled that failure to renew a contract because of age is against the New Jersey’s Anti-Discrimination Law. (1)

The case involved Rose Nini, a former dean at Mercer County Community College, who claimed the College refused to renew her contract because of her age – 73. Nini had worked at the College for a total of 26 years under several contracts. In the spring of 2005, the College announced it would not renew her contract. (2) According to Nini, this was solely due to her age. The school, however, contended that since Nini was an “at will” employee, they acted within their rights in choosing not to renew her contract. (1)

“At will” employment basically means that employees have the right to resign from a job for any reason and employers have the right to terminate employees for any reason provided, of course, those reasons do not violate other rights protected under state or federal law. (3)

Schools Have an Obligation to Protect Against Bullying

September 2, 2010 | The Victor Rotolo Law Firm

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)

$7 Million Verdict in Mesothelioma Case Upheld by NJ Appellate Court

August 25, 2010 | The Victor Rotolo Law Firm

On Friday, August 20, the State Appellate Division upheld an earlier jury verdict awarding $7 million to a woman who claimed she contracted peritoneal mesothelioma by washing her husband’s work clothes. (1)

Both Bonnie and John Anderson worked for the Exxon Bayway Refinery in Linden, NJ, for a number of years; she as an electrician and he as a repairman, working on pumps, filters and pipes. While Bonnie Anderson’s job did not put her in direct contact with asbestos insulation, John Anderson’s did. When he first started working at the refinery, John had to remove the insulation from the pipes he was repairing. (2)

NJ Worker Injured in Connecticut Explosion Files Suit in Federal Court

August 19, 2010 | The Victor Rotolo Law Firm

A River Vale, NJ, man injured in an explosion at a power plant in Connecticut filed a suit in federal court on August 17, claiming the owners of the plant and several other contractors failed to take safety precautions that may have prevented the accident. (1)

Nicholas Novik, an employee of Instrument Sciences and Technology of Frenchtown, NJ, was calibrating and testing instruments at the Middletown, CT, plant when the explosion occurred. Six people were killed and 50 others injured in the incident. Novik suffered head trauma, which caused a concussion and hearing loss. He still receives medical treatment and has not yet been permitted to return to work. He is seeking $6 million in damages. (2)

The Controversy over Metal Baseball Bats

August 13, 2010 | The Victor Rotolo Law Firm

When the New Jersey American Legion Baseball League Tournament ends this summer, will the use of metal bats in that League end also? If the Commission of the League has his way, yes. (1)

The debate over the use of metal bats in amateur baseball leagues (that includes Little League, high school and college teams) is long-standing. Because metal bats are less likely to break than wooden bats, they are more cost-efficient in the long run. (2) However, metal bats are lighter, making it easier for batters to hit more powerfully. As a result, balls hit by metal bats travel faster. It is this speed which leads some to question their safety.

Rules of the Road Apply to Bicyclists Too

August 3, 2010 | The Victor Rotolo Law Firm

A Belle Mead bicyclist was injured recently after hitting the front end of an SUV while making a left-hand turn on a township road. The woman’s injuries were not life-threatening but, to add insult to those injuries, she was issued a summons for failure to keep right and causing the accident. (1)

Not all bicyclists involved in roadway accidents are that lucky however. Last month, an unidentified man lost control of his bike and flipped over the handlebars while riding on a Teaneck road. He suffered serious head injuries in the accident. Following the incident police began an investigation to determine whether or not the accident was the result of the man being struck by a motor vehicle. (2)

Lawsuits suggest “Jersey Shore” Has Taken Reality Too Far

July 27, 2010 | The Victor Rotolo Law Firm

What happens when reality TV drags innocent bystanders into its plot? In the case of MTV’s popular “Jersey Shore” that technique seems to draw lawsuits.

Earlier this month, an Illinois woman sued MTV alleging she had been assaulted by two of the show’s cast members during taping of the show in Miami this past May. MTV, Viacom, Inc., the show’s producer, and Nicole Polizzi (aka “Snooki”) and Jenni Farley (aka “JWowww”), two cast members, were named in the suit which alleges:

Dog Ownership Carries Serious Responsibilities

July 23, 2010 | The Victor Rotolo Law Firm

Many people get great pleasure from their pet dogs, but responsible dog owners realize they must accept liability along with dog ownership.

A July 22, 2010, article on myCentralJersey.com reported an Akita that had attacked a young child in Warren Township had been euthanized three months after the attack following a Judge’s order. The dog had bitten once previously and, as a result, a hearing was required under the Township’s ordinance. (1)

NJ Motorcyclists Be Prepared

July 14, 2010 | The Victor Rotolo Law Firm

As soon as the snow stops falling and the weather starts warming up, motorcycles become more prevalent among the traffic. Motorcycle registrations are increasing every year, putting more and more motorcyclists on the roads. In New Jersey between 2003 and 2007, 377 motorcyclists died. In New Jersey, every year there are 70 or more fatalities and 2,000 injuries involving motorcyclists. (1)

In East Brunswick on July 11, a motorcyclist with a passenger collided with a BMW, reports nj.com. (2) The passenger was injured and the motorcyclist was killed. Similarly, the Lancaster Mayor Rick Gray was recently involved in a motorcycle accident when he was riding his motorcycle and was struck by a box truck. Gray had no life-threatening injuries and was wearing protective gear when he was struck. (3)

Sadly, motorcycle accidents are becoming more frequent in New Jersey and proper safety procedures may help in the event of an accident.

NJ Waterways Can Be Very Dangerous

July 8, 2010 | The Victor Rotolo Law Firm

Summer holidays and vacations see more and more people turning to water activities as a respite from the rising temperatures. While area waterways provide much pleasure for the local community, they can be very dangerous if safety is not foremost in everyone’s mind.

An article on nj.com reported on Thursday, July 1, a canoe carrying four teenagers and traveling downstream in the Delaware River toward the Milford Bridge overturned in the river rapids and began filling with water. All four teens were rescued and brought to shore.

“Very fortunately, they were all wearing their life vests,” Holland Township police Chief David VanGilson commented. (1)