A pivotal court ruling about your rights when sending a text message to a driver could be just around the corner. In a hearing scheduled for May 25th, a New Jersey Superior Court judge must decide whether Shannon Colonna is responsible for a text message she sent to then 19-year-old Kyle Best that led to his distraction while driving back in 2009. The lawsuit filed David and Linda Kubert claims that the text message directly contributed to the car accident that resulted in each spouse losing a leg.
Best was driving the pickup truck in 2009 that crossed a double-yellow line in Mine Hill and side-swiped the Kuberts who were riding together on a motorcycle.
If the judge in this case rules in favor of the Kuberts, it could set a precedent for all future cases involving distracting driving. Imagine a world where you send a text message to a driver who causes an accident, and you get the bill – sounds extreme right? That could be a reality, if the rulings in this case lead to the judge laying a portion of liability on Colonna for the accident.
This case isn’t the only legal maneuvering currently in the works for drivers caught texting behind the wheel. Proposed legislation in the New Jersey Senate would increase penalties for those who cause accidents while using handheld devices, including cell phones. The penalties would be on par with those who drive while intoxicated or reckless driving. That means drivers who cause injuries while texting could face assault by vehicle charges. Those who cause fatalities could face vehicular homicide or manslaughter charges.
What do you think? Should drivers who text behind the wheel receive treatment on the same level as drunk drivers? And what about those who text the drivers? How can we possibly know where everyone is every second of the day to make sure we don’t inadvertently text someone who’s behind the wheel?
Those who sustain injuries in accidents still retain their rights to pursue those responsible for compensation. If you or someone you loved has suffered injuries at the hands of another driver, contacting a team of knowledgeable New Jersey car accident attorneys is an important part of your legal strategy. Don’t allow the insurance company to take advantage of you or delay your rightful claim.
For the past 34 years she has been a pinnacle in the New Jersey judiciary—13 of those years were served as a member of the state Supreme Court. We are saddened to hear the forced retirement of Justice Virginia Long. In New Jersey it is required that once you reach the age of 70 you must step down from the bench. From all of our New Jersey personal injury lawyers and the rest of our staff, we wish the most heartfelt luck as Justice Long ventures into private practice.
NJ.com reported that Long was “the third woman ever appointed to the Supreme Court.” They went on to explain that “Long blazed a trail for women in law and leaves a legacy of opinions championing the rights of individuals.”
Justice Barry Albin had kind words for Long on her last day of oral arguments telling her that, “because of you, individual rights are more secure. Because of you, our system of justice is fairer. I have no doubt that you will be regarded as one of the greatest jurists of your generation and perhaps of any generation.”
Over the course of her career she has written more than 3,000 opinions, but what she feels to be among her most influential was her opinions in cases involving the death penalty. She always voted against the death penalty, and she was able to see the repeal of it in 2007. There has not been anyone executed in the state of New Jersey since 1963.
She ended her interview with NJ.com by stating, “It is sad that things are changing but it’s also exciting because new people will bring new blood and a whole new way of looking at things. And just as long as they stay — and I know they will — as collegial and industrious and brilliant and wonderful as they are, we don’t have anything to worry about.”
There doesn’t seem to be any aspect of our world that hasn’t found itself as part of a major motion picture. No subject is off limits in Hollywood. There have been many movies over the years that delve into the world of law, portraying true life stories or just amusing looks at the judiciary system in this country.
Lawyers are not always seen as the heroes, on the contrary often times they are made out to be the greedy bad guys, but that is not always the case. The following movies all revolve around the law and are the personal favorites at our New Jersey personal injury law firm.
Erin Brockovich
Starring: Julia Roberts, Albert Finner, David Brisbin
Summary: This portrayal of the true life events of Erin Brockovich (Roberts) follows the single mother as she struggles to support her family. After she loses a lawsuit against a doctor that caused a car accident she was in she convinces her lawyer to give her a job at his law firm. Her untamed attitude and provocative dress make it difficult for people to take Brockovich seriously, but she proves everyone wrong when she comes across documents leading to one of the biggest class action lawsuits in U.S. history. As she digs through the suspicious real estate case that involved Pacific Gas & Electric Company she finds that the company is trying to cover up a huge scheme. It is the tale of a single mother trying to do what’s best for her children and discovering her true passion and calling in the process.
My Cousin Vinny
Starring: Joe Pesci, Marisa Tomei, Ralph Macchio
Summary: Two college students from New York, Bill Gambini (Macchio) and Stanley Rothenstein (Mitchell Whitfield) suddenly when they find themselves accused of a murder they didn’t commit. In their time of need they seek the help of one of Bill’s cousin, an inexperienced lawyer named Vincent Laguardia Gambini (Pesci). When Gambini and his long-time girlfriend Mona Lisa Vito (Tomei) arrive in Alabama they quickly realize just how different things are in the south. It is revealed that it took Gambini six years to bass his bar exam and up until this trial he had only tried personal injury cases that never went to court. In this comedic view of the judicial system the audience will follow Gambini as his discovers his true legal talent as he tries to save the two young men’s lives while trying to stay on the good side of Judge Chamberlain Haller (Fred Gwynne).
The Verdict
Starring: Paul Newman, Charlotte Rampling, Jack Warden
Summary: Frank Galvin (Newman) is a lawyer who has lost the drive to be a respectable lawyer. He turned to drinking an ambulance chasing until his former associate Mickey Morrissey (Warden) hands him an easy case. The case involves medical malpractice and it seems to be a no brainer with all parties involved willing to settle the case without going to trial. When he begins working on the case he realizes that his clients deserve justice, and with much resistance he decides the case should go to court. It is one man’s journey to restoring his honor as a lawyer and making sure justice is served and guilty parties are held accountable.
A Few Good Men
Starring: Tom Cruise, Jack Nicholson, Demi Moore
Summary: This film follows Lt. Daniel Kaffee (Cruise) who as a lawyer has never entered a courtroom. In all of his previous cases he sought to settle out of court with a plea agreement until he is representing two Marine that are charged with the murder of a fellow soldier. Kaffee teams up with Cmdr. Galloway (Moore) and Lt. Sam Weinberg (Kevin Pollak) and as they investigate the murder Kaffee realizes that he may actually be cut out for the court room. As the case progresses the role of Col. Nathan Jessep (Nicholson) becomes more and more curious. This legal thriller uncovers the disheartening practices of the Marine Corps and begs the question when is ‘just following orders’ not an acceptable defense.
The Client
Starring: Susan Sarandon, Tommy Lee Jones, Brad Renfro
Summary: Mark Sway (Renfro,) a young kid, is told by attorney Jerome Clifford, who was representing a prominent Mafia hit-man, where the body of Senator Boyd Boyette is buried before Clifford commits suicide. Suddenly Sway is hunted by the Mafia and the FBI for the information he possesses, but he’s not talking. He decides he needs to seek the help of a lawyer and Reggie Love (Sarandon) takes the case for just the few dollars Sway has in his pocket. It is the tale of one boy and one lawyer’s journey together to uncover the truth and protect the boy’s life.
These movies all portrayed the world of law in a different manner, allowing the audience to see past the misconceptions. Some of them made us laugh and some inspired us and reminded us that there are good people in the world. The judicial system is surrounded by stereotypes and misbeliefs, especially personal injury law. It seems that movies are a good way of dispelling those beliefs.
The legal system in this country often is the target of scrutiny and ridicule, and sometimes it is easy to see why when certain lawsuits make headlines. Even though there are many people who use the legal system, specifically the civil legal system, legitimately and correctly, but the lawsuits that seem the most ridiculous and frivolous are the ones that tend to get public attention.
When a celebrity is involved in a lawsuit they are subject to even more scorn than others because of their wealth. Time Magazine put together a list of 10 ridiculous celebrity lawsuits, and these five are by far the strangest.
1. Lindsay Lohan v. E-Trade Babies
After the airing of the above commercial actress Lindsay Lohan filed suit against E-Trade because she felt the baby referred to as “that milkaholic Lindsay” was a characterization of her. Her lawyer stated that E-Trade was obviously referring to Lohan because she has first name recognition just like stars Cher or Madonna. The lawsuit claims that the financial-services magnate was making a parody of Lohan’s life—a mistake she feels is worth the $100,000,000 she is seeking in damages.
In 2008 Taco Bell launched its ‘Why Pay More?’ campaign, and apparently they took a small joke too far for rapper 50 Cent. As part of the campaign the fast-food company made up a fake letter that was sent out to media outlets asking the rapper to change his name to “79 cent,” “89 cent,” or “99 cent” to help promote the new menu. The problem is, this letter was never sent to 50 Cent. He sued Taco Bell in July of that year. He apparently came across the fake letter when online bloggers began slamming the rapper for selling out by endorsing Taco Bell. The lawsuit was eventually settled out of court.
When you think of the word ‘polo’ chances are one of two things comes to mind—the sport and the brand. There is also a magazine under the title Polo and for years there was no problem with that until they were sued by Ralph Lauren in 1997. According to reports, the magazine used to focus on the actual sport rather than the polo lifestyle then in 1997 they moved towards polo culture which angered the fashion designer. Lauren claims that the magazine was stealing the image he had built around his Polo brand, so he sued them. He felt that the magazine should not be able to use the word polo—he won. The magazine disappeared until an appeal in 2001 where the decision was overturned. Now the magazine boasts a disclaimer stressing that they are in no way related to or associated with Polo Ralph Lauren.
4. “Kookaburra” v. Men At Work
There have been many lawsuits debating whether or not a specific artist stole from another—we all remember the Queen / Vanilla Ice battle. One curious case is that of the band Men At Work. They are best known for their hit “Land Down Under,” but in 2009 they were accused of unlawfully sampling music from a beloved children’s song. “Kookaburra Sits in the Old Gum Tree,” was written by Marion Sinclair in 1934, and now is owned by Larrikin Music Publishing. The music publishing company sued two members of the band and branches of their record label over the two bars of music that have a striking resemblance—the judge on the case agreed and ruled in favor of Larrikin.
Prince is renowned for trying to, obsessively at time, have complete control over his name and image. There have been many instances when he has filed lawsuit over misuse, unauthorized use, or just use of his music or image, which lands him a spot on this list. In 1999 he sued Uptown Magazine (later it was dropped), in 2007 he was after YouTube for having his music videos on the site (try looking for an official music video from him on YouTube you will almost certainly find one where the audio has been removed), and he has even fought with his own fans (Prince Fans United is the group he is at odds with because the refuse to take down pictures of the star). You would think celebs would like to have such avid fans, apparently not in his case.
While in these instances it seems that the legal system was abused but thousands of people are legitimately injured each year as the result of someone else’s negligence. If you have been a victim of an accident contact the New Jersey personal injury lawyers at Console & Hollawell. We know the impact an injury can have on your life and will fight diligently to make sure the person responsible is held accountable. Call us today at (866) 778-5500 and set up your free, confidential consultation.
Back in 2001, Mathi Kahn-Polzo was riding her bike along with some friends on Paronage Hill Road in Millburn, New Jersey. There was a dip in the road, and when she rode her bike into it she fell sustaining a severe head injury. She had been wearing a helmet, but she was unconscious for 26 days before passing away from her injuries.
Her husband, Donald Polzo, sued the county in 2002 maintaining that the county was aware of the dip in the road that they own yet they did nothing to remedy the situation. NJ.com reported that the dip was 1 1/2 inches deep and 2 feet wide.
The lower court judge ruled that the county was no responsible and last week the New Jersey Supreme Court upheld that judgment. The court expressed that the plaintiff did not prove that the dip in the road was enough of a hazard to be reasonable called ‘fatal.’ Also, the justices stated that the plaintiff did not prove that the county’s inaction with regards to repairing the road was a “palpably unreasonably error.”
The court explained that due to the tort laws in the state that restrict the liability of a county and other public entities Essex County cannot be held accountable. The tort they were referring to is Title 59 which places a harsher burden of proof on the plaintiff. In these types of cases the plaintiff must put the county or other public entity on notice within 90 days of the accident. The NJ.com report did not state whether or not this claim was filed in time.
The court stated that the shoulders of these roads are not meant for bicyclists. Polzo’s attorney, E. Drew Britcher, was skeptical of this statement.
“The court ignored the social reality that that’s where bicyclists ride,” he said. “If I were a bicyclist, I would feel that this decision considers me a second-class citizen.”
The court made this assertion despite testimony from police and other residents explaining that the shoulder on that road is frequently used by bicyclists, and the county should have paid more attention to the needs for repairs.
Bicycle accidents are a major problem in the state of New Jersey. According to the National Highway Traffic Safety Administration, New Jersey ranks among the ten states with the highest bicyclist fatalities annually. If you or someone you love has been injured in a bicycle accident contact an injury attorney in New Jersey. The skilled lawyers at Console & Hollawell have 17 years’ experience representing victims of bicycle accidents and will fight diligently to get you the compensation you deserve.
Last week, Libia Mendoza and her brother Leonel Mendoza (37 and 39 respectively) were indicted on charges of conspiracy, insurance fraud, tampering with public records, and attempted theft by deception according to the Insurance Journal. Grand jury documents show that the pair allegedly reported a hit-and-run accident that was false.
Their attempt to commit insurance fraud was reported to have happened between May 2010 and September 2011. Leonel was said to have reported a hit-and-run accident on behalf of his sister stating that an unknown vehicle that left the scene caused damage to Libia’s BMW X5. It was also reported that Lionel also filed a report of the purported accident with the Jersey City Police.
The pair then submitted the false report to Libia’s insurance company, MetLife Auto and Home Insurance Company, seeking just over $10,000 in benefits. The claim was denied and then MetLife reported the claim to the Oddice of the Insurance Fraud Prosecutor. Libia and Leonel gave a statement to the insurance company detailing the accident, which is also claimed to be false.
The punishments, if found guilty, could result in up to 10 years in prison and more than $150,000 in fines. The pair is not considered to be guilty until it is proven in a court of law. There was no report on when trial proceedings will begin.
Presuming that the facts presented to the grand jury are true, these types of fraud attempts are what give all personal injury cases a bad reputation. When people try to falsify accidents with the intention of receiving a good pay-off they are devaluing the entire civil court system, which ends up hurting those who really need it. Civil claims such as those associated with motor vehicle accident and medical malpractice, are seen by the public to be ‘frivolous’ and an attempt to make a quick buck when in fact those who file valid claims have real need for and deserve compensation.
This Good Morning America report shows several instances of people attempting to make fraudulent personal injury claims.
When someone is injured as a result of someone else’s negligent actions that person should be held accountable for the damage they have done. This is not only physical injury but also the resulting financial hardship and the mental anguish that comes with suffering a life-altering injury.
It is extremely upsetting that con artists are out there every day trying to make some money by staging accident. Anyone who has actually been injured in an accident knows how traumatizing it can be, yet there are some who have no respect for people with legitimate need for the civil court system.
If you have been injured in an accident, contact the New Jersey personal injury attorneys at Console & Hollawell. We know that your injuries and needs are real and will fight to hold the person or persons who cause your accident accountable and get you the compensation you deserve.
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