New Jersey Injury Lawyers Blog

New Jersey Lawmakers Want Tougher Penalties for Using Cell Phones While Driving

September 16, 2010 | The Victor Rotolo Law Firm

New Jersey lawmakers are considering legislation that would provide stiffer penalties for people who talk or text on their cell phones while driving – a move that would make New Jersey’s laws among the toughest in the country. (1)

New Jersey has had laws against the use of cell phones while driving in place since 2004. In late 2007, those laws were amended to make using cell phones without a hands-free device a primary offense. Prior to that, drivers could be cited for cell phone use only if they were pulled over for another violation. (2)

Last Monday, the Senate Law and Public Safety Committee in a 4-to-1 vote approved a bill increasing the penalties for cell phone use while driving. Under the proposed Law, penalties would be imposed on a graduating scale: the first offense would carry a fine of $200; a second offense within 10 years, $400; and the third offense, $600, plus suspension of a driver’s license for 90 days. (3) Current penalties carry a $100 fine.

Sexual Discrimination Complaint is No Laughing Matter

September 12, 2010 | The Victor Rotolo Law Firm

A former stage manager for the “Late Night with Jimmy Fallon” television show filed a sexual discrimination complaint with the U.S. Equal Opportunity Employment Commission (EEOC) alleging that he was demoted and later terminated from his job with the show because the late-night comedian preferred working with women.

Paul Tarascio of Oradell, NJ, filed the complaint against Fallon and the show’s producers alleging that the producers lied about Tarascio’s performance in order to remove him from his position and replace him with a woman. Tarascio alleged in the complaint that Fallon prefers to be directed by women and to work with female technicians only. (1)

Sexual or gender discrimination is no laughing matter. Last month a volunteer firefighter received a $15,000 settlement for her gender discrimination suit against the Clementon Fire and Rescue Company. The firefighter, Merrissa Garretson, alleged she was the victim of repeated derogatory comments from another firefighter. Garretson claimed that she was told an investigation of her complaint would be conducted, but instead her gear was taken from her locker and she was replaced on the fire truck by firefighters with less experience. In addition to the monetary settlement, members of the fire department were required to attend sexual harassment prevention training sessions. (2)

Leave Policies Must Be Flexible Enough to Accommodate Employees with Disabilities

September 12, 2010 | The Victor Rotolo Law Firm

Simply having leave policies in place is not enough to satisfy the Americans With Disabilities Act (ADA) if those policies are not flexible enough to “reasonably accommodate” employees with disabilities, contends the U.S. Equal Employment Opportunity Commission (EEOC).

The EEOC filed suit against Princeton HealthCare System, a Mercer County, NJ company last month for failure to “reasonably accommodate” its employees with disabilities in regards to its leave policies, which is a violation of the ADA. (1)

The EEOC recognized that Princeton HealthCare does have leave policies for its employees as required under the Family Medical Leave Act (FMLA) such as a 12-week leave. However, according to the suit, Princeton HealthCare does not approve extensions beyond the 12-week leave provided for under FMLA for its employees with disabilities. Per this lawsuit, Princeton HealthCare also has terminated employees with disabilities who did not qualify for leave under FMLA when they could not get back to work within the company’s seven-day deadline. (1)

Family Wins Racial Discrimination Suit against Sea Isle City

September 11, 2010 | The Victor Rotolo Law Firm

The second phase of a six-year battle finally came to an end this month when an African-American family was awarded $120,000 in settlement of a racial discrimination lawsuit against the Sea Isle City School Board. Previously, the family was awarded $550,000 in settlement of the portion of the suit involving the Town of Sea Isle City and its Police Department. (1)

The lawsuit was filed in 2004 by Doretha Waters-Rice and her son and granddaughter. According to the suit, Ms. Waters-Rice claimed that her son and granddaughter had been victims of racial slurs by teachers at the city’s schools. The suit also alleged that the granddaughter had been denied a part in a Christmas play because she was African-American. In addition, Ms. Waters-Rice claimed that the Sea Isle City Police filed false charges against her after she complained about the alleged racial harassment. (2)

In an unrelated case earlier this summer, the Justice Department announced that it had reached a consent decree that was expected to settle a case in which Green Brook Township was charged with discriminating against an African-American employee in its Department of Public Works. (3)

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)