Odd Stories

5 Unbelievable Lawsuits Against Beverage Companies

By Richard Console on January 17, 2012 - Comments off

It happens all the time, you open up the newspaper or go online and see that someone is yet again suing a big company. When you see that someone is suing a beverage company, it probably catches your eye—because who doesn’t want to know what happens with their favorite drink. Sometimes these lawsuits result in safer and CLEANER manufacturing and distributing of these drinks.

There have been countless lawsuits against beverage companies, and let’s face it, some of them are pretty absurd. When the guy sued Bud Light because drink it didn’t get him all the girls like in the commercials, we all knew that there was no way he would win that case. But what happens when the lawsuits do have grounds? The following lawsuits are five pretty unbelievable cases involving drink companies. To give you fair warning, number five is enough to make your stomach turn.

1. Alcoholic Energy Drinks That Kill

Photo credit: CNN.

The combination of energy drinks and alcohol seem like they would be a perfect partying combination, but it could kill you. When beverage companies such as Phusion Projects and MillerCoors began manufacturing alcoholic energy drinks they became extremely popular. Drinks like Four Loko and Sparks remove the need to take the extra effort to mix your vodka with a Red Bull. These drinks quickly became a target of many advocacy groups that warned what a dangerous combination they were, and for good reason.

Phusion, maker of Four Loko, has come under fire in the civil court system with many wrongful death suits filed against them. One such lawsuit was brought against the company by the parents of a 15-year-old boy who died after drinking two Four Lokos. The teen had consumed the drinks at a concert where staff contacted his mother because he seemed to be very drunk. The mother went to pick him up and she claims that her son was “paranoid and disoriented.” When they got home, her son ran off and was struck by an oncoming car. As reported by the Huffington Post, their suit claims that Phusion “was careless and negligent in formulating a caffeinated, alcoholic beverage that desensitized users to the symptoms of intoxication, and increases the potential for alcohol-related harm.”

Three manufacturers of alcoholic energy drinks were instructed in November 2010 by the Food and Drug Administration that their drinks were dangerous and needed to be reformulated according to Time Magazine. The FDA gave the companies only 15 days to fix the problem or face the FDA seeking to remove the drink from sale completely. The makers of Sparks and Four Loko complied and removed the caffeine from their beverages, but specialty groups are still advocating for further measures to be taken. It is no wonder, Four Loko contains almost as much alcohol in one can as there is in a six-pack of beer. According to the Huffington Post, there were already five states that had banned these drinks when the FDA made their demand.

2. Dunkin’ Donuts Coffee Too Sweet

Photo credit: Blogspot.

We all remember the infamous McDonalds hot coffee lawsuit, but in this lawsuit against Dunkin’ Donuts had nothing to do with temperature. According to a report on Philly.com, Danielle Jordan filed suit against the chain because her coffee is claimed to have caused her to slip into a diabetic coma.

On June 15, 2009 Jordan went to Dunkin’ Donuts and ordered a coffee with artificial sweetener. The coffee maker allegedly ignored this request and used regular sugar instead. Jordan, unaware that there was regular sugar in the drink, downed the coffee and suffered the consequences. Court documents state that Jordan began experiencing light-headedness, dizziness, and numbness in her arms and legs. She then had to be rushed to the hospital due to diabetic shock. She filed suit in June 2011.

A legal representative for 34 of the chains in Philadelphia was unable to comment on the specifics of the case but did made the following statement, “we encounter thousands and thousands of customers on a daily basis. We don’t provide a customer with anything they don’t request. If they request a medium coffee, they will get a medium coffee. If you fail to request a sugar substitute, we can’t read your mind. We sell doughnuts, not crystal balls.”

3. Muscle Milk, Minus the Milk

Photo credit: Pic.

This case is very odd because rather than a consumer suing the beverage company, another drink maker did! Back in 2009 Nestlé USA sued CytoSport, who manufactures the drink Muscle Milk, claiming that the name and marketing of the drink was misleading. Why was it misleading? Funny you should ask, it is deceptive because Muscle Milk does not actually contain milk.

Nestlé filed their objections to the National Advertising Division of the Council of Better Business Bureaus. Since Nestlé makes beverages that contain milk they were outraged that this drink did not contain the ingredient the name called for. CytoSport refused to participate with the NAD so they passed the problem on to the FDA.

The New York Times played devil’s advocate between the two companies asking them both to make statements on the case with the following responses:
Nestlé reported that, “Nestlé USA strongly believes in the nutritional benefits of milk. Consumers looking at Muscle Milk, marketed as a ‘Nutritional Shake,’ are likely to be misled into believing they are purchasing a flavored or supplemented milk product, when, in fact, they are purchasing a water-based product that contains no milk.”

CytoSport also had something to say about the case, telling the NYT “CytoSport’s marketing and advertising materials have made it clear — over the more than 10 years that Muscle Milk has been sold — that Muscle Milk products are high-protein nutrition products designed after one of nature’s most balanced foods: human mother’s milk.”

4. Catch This Scalding Hot Coffee

Photo credit: Mojado.

It’s the stuff of movies, the super-hip barista slides the coffee cup across the counter and it is caught perfectly without a spill by the customer. Who really does that though? One New York Starbucks employee did and it resulted in a lawsuit being slapped against the company for injuries to the customer.

Riffat Qureshi, a self-described model, was at the NYC Starbucks and when she was waiting for her drink the barista allegidlly slid the cup across the counter towards her and shouted, “Catch the cup!” She didn’t catch the cup and the hot beverage splashed all over her. Five years after the 2006 incident, she filed suit against the company seeking compensation for her burnt stomach.

The New York Post reported that Starbucks is fighting back, suing Qureshi for fraud. The coffee mogul claims that she is faking her injury. They also claim that they have testimony from her doctor that he had diagnosed Qureshi with a skin infection and it was not a burn.

5. Mice Really Love Those Green Drinks

Photo credit: Daily Mail.

The moment you have all be waiting for, the most disgusting allegations to come up against beverage companies are those involving claims that rodents were found in the drinks. First of all, YUCK! The makers of both Mountain Dew and Monster Energy Drink have been involved in these cases. The above photo is evidence from the Monster case, and needless to say, many of us will never drink out of a can again.

The Monster lawsuit all began when Vitaliy Sulzhik, 19 at the time, purchased a can of Monster at a store in Des Moines, Washington. The Huffington Post reported that the young man discovered the rodent when he was drinking the beverage and some mouse got in his mouth. After losing his lunch—like we all would—he ultimately decided to bring the can, mouse included, to his lawyer, Reed Yurchak. His lawyer then sent it off to a lab to be analyzed.

He has been battling the company for a year to no avail. Monster argued that someone must have placed the mouse in his drink after he already opened it, but according to the lab results there was no indication that the mouse was forced through the opening.

Strangely enough, in a statement released by Monster as to why this lawsuit could not possibly be true is very similar to a defense utilized by Mountain Dew in their case. The mouse couldn’t have been in the can when you opened it because it would have DISINTEGRATED by that point. EW! PepsiCo’s lawyer said that if the mouse alleged to be in a can of Mountain Dew had been in there it would not have been recognizable but would instead merely be a jellied substance.

This brings new meaning to the drinks’ slogans:
Mountain Dew, “It’ll tickle your innards.”
Monster, “Unleash the beast.”

Product liability is a serious matter. We all know that some lawsuits seem absurd but sometimes people really are harmed by these products and their manufacturers should be held accountable. Happy hydrating everyone, hope there are no furry creatures at the bottom of your beverage.

 

 

4 Celebrity Personal Injury Cases

By Richard Console on January 16, 2012 - Comments off

Personal injury is not something that only affects a certain group of people. Anyone can fall victim to someone else’s negligence, even celebrities. Over the years there have been many personal injury suits that have involved some big names in Tinsel Town. The following list is four prominent personal injury cases that involve celebrities.

Bret Michaels v. Tony Award Productions, CBS

Back in early 2011 Poison front man and reality star, Bret Michaels filed suit against Tony Award Productions, CBS, and several others for an accident that occurred in 2009. Michaels was performing at the Tony Awards, and when he was exiting the stage he was struck by a backdrop that was lowering. He was treated immediately following the incident for a broken nose and he also received stitches on his lip. In April 2010 Michaels was rushed to the hospital after experiencing an extremely painful headache, and it was discovered that he had suffered a massive brain hemorrhage.

In the lawsuit he argues that the accident led to his brain hemorrhage. Michaels claims that he was not informed how he was supposed to exit the stage which caused him to be stuck by the backdrop. People Magazine reported that the type of hemorrhage that Michaels suffered typically stems from head trauma. His attorney, Alex Weingarten, issued the following statement, “The Tony Awards dropped a piece of the stage on Bret’s head, and then instead of doing the right thing, joked about it and played it off for ratings … Bret never wanted to file a lawsuit, but the Tony Awards have left us with no choice. They must be held accountable for almost killing Bret, and that is what we are going to do.”

It was reported that Michaels asked for specific instruction with regards to where he should exit and he was told simply to exit in the rear. The Tony’s later tried to spin the incident claiming that Michaels made the mistake. The case is still pending and both CBS and the Tony Awards have abstained from making a comment.

James Marshall v. Hoffman-LaRoche

Photo credit: Abload.

James Marshall may not be a name you recognize right away, he is best known for acting opposite Jack Nickleson, Tom Cruise, and Demi Moore in “A Few Good Men,” as well as for his work on the T.V. show “Twin Peaks.” His career came seemingly to a halt in 1993 when he began taking the acne medication, Accutane and then developed symptoms of ulcerative colitis, an inflammatory bowel disease. Complications of this disease led to Marshall having part of his colon removed in 1995. In his case against the makers of Accutane (who have been involved in many civil cases because of adverse effects of the drug that has been taken off the market in the U.S.) Marshall testified that he has to use the facilities 20 times a day because of his IBD.

Although he filed his suit in 2006, it took nearly 5 years to make it through the New Jersey Superior Courts. Marshall had a star studded list of witnesses including actor Martin Sheen. He testified that the changes in Marshall after he had his colon surgery led to the demise of his career. Sheen reported that after the surgery Marshall “looked very wan, very thin, and kind of wasted.” Unfortunately for Marshall the jury felt that an intestinal problem the former actor had when he was 18 was a precursor for his disease.

There have been a mixture of verdicts siding for and against Hoffman-LaRoche and their legal battles are far from over. Bloomberg news reported that nearly 13,000,000 people have taken Accutane since it was introduced in 1982. The company said that it pulled the medication from the market because, “Roche has been faced with high costs from personal-injury lawsuits that the company continues to defend vigorously.”

Adrian Bailey v. Disney

Photo credit: Fan Pop.

Adrian Bailey was a member of the cast for “The Little Mermaid” Broadway musical. Shortly before the May 10, 2008 matinee performance at the Lunt-Fontanne Theatre, Baily fell through a trap door injuring him severely. He was treated for a broken back, a shattered pelvis, a fractured sternum, fractured wrists, a fractured foot, and several fractured wrists. By May 14 of that year he had already had four surgeries.

Bailey filed the lawsuit against Disney as well as George Tsypin Design, Niscon, and Showman Fabricators Inc. Bailey claims that the defendants are responsible for his injuries because of their negligence and also because there were not adequate warnings or devices in place that could have prevented his fall.
Playbill reported that Bailey’s attorneys have argued that this tragedy could have easily been avoided with some added preventative attention. Bailey is seeking unspecified compensation.

“My life has been changed forever. It will never be the same. My immediate goal is to somehow be able to walk up to my own apartment and care for myself. I try to stay positive. I look forward to being made whole some day and being fully compensated for my injuries,” Bailey said.

Disney tends to keep lawsuits brought up against them under lock and key, and not much information has been released about the status of the case since it was filed in 2008.

Grigor Balyan v. Lindsay Lohan

Lindsay Lohan is no stranger to the legal system, but this time she will appear for something other than her personal struggles. A paparazzo named Grigor Balyan has filed a personal injury claim against the actress and her chauffeur, Paola Demara. Balyan claims that the star’s car ran him over outside of a Hollywood club as he was trying to take her picture. He filed his suit last week and according to Entertainment Weekly, it stated, “Defendants, each of them, so negligently, carelessly, and recklessly operated, maintained, repaired, owned, and controlled their automobile so as to cause an accident which resulted in personal injuries and property damage to Plaintiff.”

Lohan was not driving the car at the time of the accident. Balyan is suing for an unknown amount, but according to EW it exceeds $25,000.

Even celebrities can be victims of injury and can cause it. Accidents that leave you hurt are no joke no matter what parties are involved. If you or someone you love has been injured as a result of someone else’s negligence you may be entitled to compensation. Contact the South Jersey accident attorneys at Console & Hollawell today to set up your free, confidential consultation.

Photo credit for Bret Michaels picture: PopCrunch.

 

5 Major Lawsuits of 2011

By Richard Console on January 6, 2012 - Comments off

Every year there are many lawsuits that garner a lot of attention in the media—some for their completely valid claims and others because of their absurdity. At our New Jersey personal injury law firm we see our share of cases, and while 2011 saw many large lawsuits, we believe these 5 were some of the biggest.

1. Conrad Murray found guilty in Michael Jackson trial. After a two-year legal battle, Michael Jackson’s personal physician was found guilty of involuntary manslaughter in November 2011. The Los Angeles County coroner ruled that Jackson had died of acute propofol intoxication in combination with two other sedatives. Murray had been administering the drug to help Jackson sleep for the two months leading up to the star’s death. The doctor was sentenced to serve the maximum, four years in prison, but there is speculation that he will not serve the whole term due to rampant overcrowding in California prisons.

Photo credit: Ernie Mills.

2. Indiana State Fair stage collapse. What was meant to be a night of entertainment and fun quickly turned to tragedy on August 13, 2011. A storm made its way through the state, producing very strong winds. Between the musical performances of Sara Bareilles and Sugarland part of the stage was hit by a severe gust of wind which caused the stage to collapse, killing 4 at the scene and seriously injuring more than 40 people with countless more that suffered minor injuries and emotional distress. 3 other concert-goers died in the days following. A class-action lawsuit was filed against the state as well as several other parties claiming that they were negligent in ensuring the safety of the stage and equipment. There were at least two other lawsuits filed as a result of this disaster.

Photo credit: Wikimedia.

3. Target fires employee for working through lunch. Jason Kellner worked at Target in Oxford, Alabama for 8 years. The former manager was fired from the store for working through his lunch break, which was against company policy. Kellner filed a lawsuit against Target. He explained that routinely during his shifts he was unable to take a proper lunch break because it was often interrupted by store needs such as assisting a customer, handling complaints, or helping with a register issue. When he requested that the store compensate him for his added work, since he was an hourly employee, they told him that they were not allowed to give overtime pay. This forced Kellner to work well over 40 hours a week while not receiving pay for the overtime. He and other hourly managers had brought complaints to the salaried managers stating that there were never any salaried managers around to allow them to take their lunch break. Target requires that all employees clock out for a 30 minute lunch and the time clock will not allow them to clock back in until the full 30 minutes is over. He is seeking damages for the overtime he worked during his eight years of employment—he was making $20.37 an hour at the time of his dismissal.

Photo credit: ABC.

4. Air Tran cockroaches. A couple from North Caroline filed a suit against the airline Air Tran in 2011 for “negligence and recklessness, intentional infliction of emotional distress, nuisance, fraud, false imprisonment and unfair and deceptive trade practices.” Harry Marsh and Kaitlin Rush are seeking $100,000 and the cost of their tickets from the airline after they saw cockroaches on their flight in September. They took pictures of the insects and they claim that the flight attendants refused to take any action when they complained about the pesky visitors. They also made a claim that the flight attendant put her finger to her mouth and made a “shhing” noise when they reported the cockroaches in an attempt to not bring attention to it. As a result of this roach-sighting the couple stated they had to throw away some of their clothing out of fear they had been contaminated.

Photo credit: Turner.com.

5. Wal-Mart’s upcharges. A Pennsylvania Wal-Mart costumer sued the mogul after she had been charged $1 on each of her two items that had a shelf price of 98 cents. Bach asserted that this was not just an isolated incident. The judge in her case agreed with her and awarded her around $180 for damages and legal fees. If her assertion that Wal-Mart uses this upcharge tactic a lot is correct the store could be facing many more lawsuits. Even if it’s only 2 cents at a time, the store could be making a killing by rounding up on purchases.

 

10 Ridiculous Lawsuits against Businesses

By Richard Console on January 5, 2012 - Comments off

Sometimes lawsuits are filed that have people wondering if they are really necessary. There have been many lawsuits filed against businesses and other entities that are absurd and complete exaggerations, but the outcomes can be surprising. Business Insider tried to find the most outrageous of all these battles and here they are.

1. McDonald’s HOT Coffee. This lawsuit is sometimes called the pinnacle of extreme cases. In 1994, Stella Liebeck sued the fast-food mogul because she spilled their coffee on her lap while driving. She sustained third-degree burns and was hospitalized for eight days as she underwent skin grafting. This case is responsible for the “Caution contents may be hot” warnings on McDonalds’ coffee cups. The jury awarded Liebeck $2,860,000, but the judge reduced it to $640,000. Liebeck and McDonalds reached a settlement before an appeal decision was made.

Photo credit: Farm 5.

2. I’ve got my Bud Light, bring on the ladies. Advertisements for alcoholic beverages often illustrate a glamorous life filled with lots of attention from the opposite sex. The marketing tool is meant to make you believe that you will be the most popular person at the bar if you consume that specific beverage—like Popeye when he eats spinach. You would hope that people realize these ads are exaggerations and not a guarantee that you will have the same experience as the one depicted in the commercial, but Richard Overtun was outraged. He had been drinking Bud Light supposedly because he thought he would attract women like the actor in the commercial. When he did not become a Don Juan he filed suit against Anheuser-Busch in 1991 for emotional distress and financial loss. The case was ultimately dismissed, surely that did not help his romantic crusade either.

Photo credit: Wikimedia.

3. Pepsi, give me that plane. Ever wonder how many Pepsis you would have to drink to collect 7,000,000 Pepsi points? Well really you don’t have to drink any. John Leonard had collected only 15 points before he found out you can purchase the points from Pepsi for 10 cents a pop—pun intended. He mailed the soft drink company $700,008.50, which included $10 shipping and handling, and requested that in return they send him a Harrier fighter jet like the one used in their TV commercial. The commercial did picture the jet with the words “Harrier fighter 7,000,000 Pepsi points.” Pepsi of course refused this request, so Leonard slapped them with a lawsuit in 1999 for breach of contract and fraud. The court found in part that no one could reasonably think the commercial was offering the jet as one of the rewards. He appealed the decision, but the appeals court affirmed the initial ruling. I wonder what he bought with his 7 million points.

Photo credit: Oregon Live.

4. It was the game’s fault. A much debated subject is whether or not violent games, music, and movies affect the aggressiveness and violent tendencies in people. After the tragic events at Columbine High School, family members of the victims filed lawsuits against many companies. They sued the makers of more than 25 different games and movies claiming that had it not been for these games, the shooting would not have happened. Not only was the case dismissed, but the plaintiffs, the victims’ families, were ordered to pay for the legal fees of the various companies.

Photo credit: Business Insider.

5. It was my face first, Michael Jordan. In 2009, Allen Heckard filed a lawsuit against Michael Jordan and Nike because he looks like Jordan and has suffered emotionally because of that. He wanted $416,000,000 from Jordan and Nike, EACH! He claimed that Nike was at fault for making Jordan famous. Heckard told the media that, “You can never put a value on a person’s life. You know you’re taking my lifestyle away from me. So you know…we’ll let the ball bounce like Michael does…where it’s supposed to fall.” He eventually dropped the lawsuit.

Photo credit: Duets Blog.

6. There was a nail in my Wendy’s meal—I swear it’s not mine. Back in 2005, Anna Ayala claimed that she discovered a human fingertip in her chili at Wendy’s. She took her story to the media and filed suit against the burger joint. What she failed to realize was that authorities would most definitely investigate her claim, and when they began she quickly dropped the suit. It was then discovered why she did that, she planted the finger herself. In 2006, Ayala and her husband both were sentenced to prison for this attempt at fraud.

Photo credit: Wikimedia.

7. You lost my pants, give me all your money. This lawsuit should be evidence enough why you should never spend a thousand dollars on a pair of pants. Roy Pearson, Jr. brought a pair of gray pants to his dry cleaner. He claimed the pants were worth $1,000, and the dry cleaners lost them. He then sued the owners of the business in 2005 and was seeking $67,000,000 for inconvenience, legal fees, and emotional suffering.

Photo credit: Coupon Cravings.

8. We invented bottled water, Pepsi stole it. Charles Joyce and James Voight claimed that they invented bottled water in 1981, and that the idea was stolen by Pepsi and came into fruition 15 years later when they developed Aquafina. The pair filed suit against the beverage company, and when there was no response from Pepsi the judge issued a default judgment and awarded the men $1,260,000,000. Pepsi claimed that the letter had been misplaced, which resulted in the ruling being vacated. Pepsi will now get the chance to defend themselves in a new trial.

Photo credit: Wikimedia.

9. What do you mean it’s not fruit? Fruit-flavored cereal, believe it or not, does not actually contain fruit. Roy Werbel was apparently unaware of this and ate Froot Loops and Crunch Berries with the belief that he was consuming real fruit. In 2009 he filed a lawsuit against Kellogg after discovering that the cereals contained no actual fruit. He claimed that if he had this information sooner he wouldn’t have purchased the products in the first place. His initial lawsuit was dismissed because he did not properly serve Kellogg, but he refilled in 2010. At the time he filed the second suit two federal judges had already held (yes, there were other cereal lawsuits) that the word “froot” could not be reasonably held to mean fruit.

Photo credit: iLounge.

10. The Mafia hacked my iPod. In 2009 Gregory McKenna sued Apple because he claimed two iPods he bought (one on eBay and one from the Apple store) had illegal receivers in them that were allowing the Mafia to send him threatening messages. In this lawsuit he was also suing the F.B.I., the St. Louis County Police Department, and an auto mechanic. He insisted that in addition to his iPod, he was also receiving messages elsewhere including three different vehicles and on his computer. McKenna claimed that a vulgar word was inserted into a song on the devices and there was another message inserted as well. He said the Mafia was trying to intimidate and coerce him into becoming a New York City fashion model. The lawsuit filed specifically says, “The recording of death threats and other evidence prove that APPLE INC. conspired with the Mafia and other Defendants to manufacture, distribute, and sell illegally bugged iPods and other electronic equipment to Plaintiff to perpetuate the stalking, extortion, and torture.” There is a motion to dismiss the case, but as of October 2011 a ruling had not been made.

While these lawsuits seem outlandish, and some of them really are, there are valid cases against businesses. If you have been injured as a result of a business’ negligence contact an experienced New Jersey personal injury attorney to learn your legal rights and options. It is intimidating to go up against a large business with an expansive legal team, but a skilled lawyer will fight to get you the compensation that is rightfully yours.

 

Train Collides with Vehicle

By Richard Console on December 31, 2011 - Comments off

On Tuesday, December 27th, a train collided with a motor vehicle in Galloway Township at 5 p.m. near the intersection of Pomona Road and Atlantic Avenue. A short time later, a separate vehicle drove onto the tracks in the same area where the previous accident had occurred. No one was injured in either accident, and traffic was detoured around the site.

We are thankful that no one was injured in the New Jersey car accident.

According to Federal Railroad Administration Safety Statistics, “in 1972, when Operation Lifesaver began, there were approximately 12,000 collisions between trains and motor vehicles annually. By 2009, according to preliminary statistics, the number of train/motor vehicle collisions had been reduced by over 84% to approximately 1,900.” The same website also recommends that “if your vehicle ever stalls on a track with a train coming, get out immediately and move quickly away from the tracks in the direction from which the train is coming. If you run in the same direction the train is traveling, when the train hits your car you could be injured by flying debris.”

If you have been injured in a motor vehicle accident, contact an injury lawyer in New Jersey or Pennsylvania to learn more about your rights as a victim. You may be entitled to financial compensation for your medical bills, rehabilitation costs, or other damages suffered as a result of the accident. For over 17 years, the award-winning personal injury attorneys at Console & Hollawell have been fighting for the rights of victims and their families in NJ and PA. With an outstanding 97% success rate, Console & Hollawell has the experience, expert connections, and dedication to ensure each client receives the maximum compensation for their injuries.

 

7 Ridiculous New Jersey Laws

By Richard Console on December 30, 2011 - Comments off

Breaking the law is no joking matter, there are consequences set in place for a reason. Often times one may wonder why people choose to break the law? Well maybe they don’t even know they are doing it with these laws because how could they know?

Believe it or not, some states have laws that seem pretty ridiculous. Some seem redundant or unnecessary and other make you question what prompted the need for the law to be put in place. Dumblaws.com has a database of these head-scratching laws, and here are some favorites in the state of New Jersey.

Photo credit: Slanker Graffity Art.

1. Tag, You’re It. Stores that sell spray paint must have signs posted warning minors of the penalties if they create graffiti. If the store does not have the sign posted where the spray paint is located or by where it is paid for the person or business will face a fine of $50 for the first offence and $100 for the second.

Photo credit: Scott and his Thoughts.

2. Sorry Kids, No Cops and Robbers for You. Minors cannot purchase handcuffs, and if they do a police officer will confiscate them. Selling handcuffs to underage individuals are guilty of a disorderly persons offense. The law states that this section refers to handcuffs that are a device that can be tightened and locked around a person’s wrists to prevent movement.

Photo credit: Alibaba.

3. Eye for an Eye. Anyone who is committing a murder may not do so while wearing a bullet-proof vest, this is considered an unlawful use of body vests. The same is also true for anyone who is committing, attempting to commit, or fleeing from the scene of a robbery, sexual assault, kidnapping, or manslaughter.

Photo credit: Stuart Wilde.

4. Can You Hear Me Now? If someone asks to use your phone because it is an emergency you must allow them to according to New Jersey law. Anyone who fails to yield the phone is guilty of a disorderly persons offense.

Photo credit: Like Cars.

5. Honk If You…Want to Pass? When you pass a car, bicycle, or other type of vehicle you must honk your horn to warn them. The warning must be audible only if the drivers are not in a business or residential area.

Photo credit: See Inner Beauty.

6. Smile Like You Mean It. The month of May has been designated “Kindness Awareness Month.” The law also urges all residents of New Jersey to partake in educational programs and or activities that promote kindness.

Photo credit: Cars Trucks Deals.

7. On The Seventh Day. Dealerships are not allowed to sell cars on Sunday. The fines start at a $100 fine or 10 days in jail and get more severe for subsequent offenses. Licensed dealerships have even worse consequences including the possibility of losing their dealer’s license.

Although these laws are humorous, when someone is injured as the result of another’s negligence it is no laughing matter. If you have been hurt in an accident contact a personal injury lawyer in New Jersey to find out your legal rights and options.

 

You Know You Grew Up in the 90’s If

By Richard Console on December 16, 2011 - Comments off

There are always lists circulating on social networking sites about you know you are a, insert decade here, kid if. Well at our New Jersey personal injury law firm we ask those who grew up in the 90’s what their favorite thing from the 90’s was. Here’s our moment of nostalgia.

1. Absurd Nickelodeon cartoons. For some reason the most outlandish ideas made the best cartoons. We all knew that there was no such thing as a CatDog and beavers couldn’t talk, but to this day we still long for the quality entertainment of those special shows.

2. Tamagotchis. We didn’t have Neopets.com or Club Penguin. Tamagotchis were so simplistic yet so needy. “Sorry I wasn’t listening to you, I had to clean my Tamagotchi before it died.”

3. Two words: Carlton. Dance. There is no way kids today can understand the wonder of the Carlton dance. If you are a true 90’s kid you have probably reenacted this many times. You can also do the full Fresh Prince of Bel-Air rap.

4. You wanted a talking cat. There was no cat cooler than Salem on Sabrina the Teenage Witch. You wanted to steal him from her. Chances are you had a plan to kidnap him because he was so darn cute.

5. Brittney with hair. Back when Brittney didn’t go after the paparasi with bats or shave her head. She was just a simple school girl looking for someone to email her heart (shame on you if you didn’t get that reference).

6. You knew which color Power Ranger you would be. All the guys wanted to be the White/Green Ranger and the girls would fight over who was going to be Kim. You also wanted a watch that would allow you to communicate with Zordon.

7. Cell phones with antennas. You remember playing snake on your old Nokia phone. Back when there was no such thing as an unlimited texting plan, and you had to pull out the antenna to get reception when you made a call.

8. Are You Afraid of the Dark was terrifying. Ah, the melodrama. This show may seem like a sad attempt at a B rated horror film now, but back then that show gave you a nightmare or two.

9. You kept the tags on your Beanie Babies. You really thought that if you paid $5 for a Beanie Baby tag protector that you would be able to make some dough off those bean-filled bears someday. Maybe you still will?

10. Walkman. What the heck is an iPod? I am still rocking out to 98 Degrees on my Sony Discman.

Well there you have it. Hope you enjoyed the stroll down memory lane, dude.

 

Completely Absurd Pennsylvania Laws

By Richard Console on December 16, 2011 - Comments off

Believe it or not, when you hear someone talk about a completely off-the-wall law they may be telling the truth. Over the years many states have adopted laws that, at their conception, had valid purpose behind them—even though they seem ridiculous now. The site dumblaws.com acts as a database of these laws, including some that cite the full text of the law. Here are some of those very laws for Pennsylvania.

1. B-I-N-G-Oh No You Didn’t.
In Bensalem, PA, convicted felons may not operate Bingo games. This law, Sec. 105-13 Prohibited Persons, states that “No distributor nor any person who has been convicted of a felony…shall have a percuniary interest in the operation or proceeds of games of chance.”

2. What about a freezer?
It is illegal in the state of Pennsylvania to sleep on top of a refrigerator outdoors.

3. You can have the store, just no products.
Firework stores in PA cannot sell fireworks.

4. It offends the delicate sensibilities of the horse.
The law states that if you are driving down the road and see a team of horses coming towards you, you must pull completely off the road. You then have to cover your vehicle with something to blend it in with the country side until the horses pass.

5. Hands off!
When fishing, you may only catch a fish with your mouth; no other body part is permitted.

6. There she blows.
You cannot use dynamite to catch a fish in Pennsylvania.

7. I Do…NOT.
Ministers in Pennsylvania are forbidden from performing marriages when either the bride or groom is drunk.

8. Do sororities count?
In Pennsylvania it is illegal for more than 16 women to live in the same household because it would be considered a brothel.

9. Shotgun Wedding
It is illegal to fire a gun, cannon, revolver, or any other weapon at a wedding.

10. That’s cheating.
There is a cleaning ordinance in PA that prohibits housewives from concealing dirt or dust under a rug in their home.

These laws may be something to laugh about, but being injured as the result of an accident is not. If you or a loved one has been injured or killed as the result of someone else’s negligence you should contact a qualified New Jersey personal injury attorney.

 

Officer Sentenced for DUI Accident which Injured 3

By Richard Console on December 16, 2011 - Comments off

On Wednesday, December 7th, a former Philadelphia police officer was sentenced to 11 ½ to 23 months in jail in relation to a car accident on February 20th, 2010 which injured two state troopers and a tow-truck driver. At 3:30 a.m. a police cruiser and a tow-truck responded to an abandoned vehicle on I-95 near Girard Avenue. Off-duty Philadelphia police officer, Matthew Sharkey, 25, was intoxicated when he drove his personal vehicle through the warning flares and rear-ended the parked police cruiser.

State trooper, Matthew Sheeran, whose legs were crushed between the police cruiser and the abandoned car as a result of the accident, sustained the most severe injuries. Matthew Sharkey, a member of the Philadelphia police force since 2007, was fired following the Pennsylvania car accident. In June, Sharkey pleaded guilty to aggravated assault by vehicle while intoxicated and other charges related to the accident. Matthew Sharkey is expected to report to prison on January 3rd to serve his sentence, which is accompanied by six years of probation.

We hope that the three victims injured in the February 2010 car accident on I-95 are able to make a full recovery from their ailments.

According to Pennsylvania state law 3735.1, aggravated assault by vehicle while driving under the influence is defined as “any person who negligently causes serious bodily injury to another person as the result of a violation of section 3802 (relating to driving under influence of alcohol or controlled substance) and who is convicted of violating section 3802 commits a felony of the second degree when the violation is the cause of the injury.” This law defines “serious bodily injury” as “any bodily injury which creates a substantial risk of death or which causes serious, permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.”

If you have been injured in a motor vehicle accident, you can learn more about your rights as a victim by contacting a car accident attorney in New Jersey or Pennsylvania. You may be entitled to financial compensation for damages suffered in relation to the accident. For over 17 years, the award-winning personal injury attorneys at Console & Hollawell have been serving victims and their families in NJ and PA. With a 97% success rate, the attorneys at Console & Hollawell dedicate their time and expertise to obtaining the maximum compensation for each client.

 

Man Drives into Liquor Store and Buys Tequila

By Richard Console on December 15, 2011 - Comments off

A man drove his SUV into a Mansfield liquor store, proceeded to buy three bottles of tequila and then drive away on November 29th. 51-year-old John Mew, of Hackettstown, drove his Chevrolet Blazer into Bottle King liquor store on Route 57 and then backed away from the building, parked his car, and went into the store. Employees followed him outside and the store manager was able to record his license plate, as the liquor store had suffered structural damage from the New Jersey car accident. Police responded to the call at 2:42 p.m. and apprehended Mew at his home and he was charged with leaving the scene of an accident with property damage, failure to report an accident, and careless driving.

According to DeadlyRoads.com, in the state of New Jersey, the law mandates that “the driver of any vehicle knowingly involved in an accident resulting only in damage to a vehicle, including his own vehicle, or other property which is attended by any person shall immediately stop his vehicle at the scene of such accident or as close thereto as possible, but shall then forthwith return to and in every event shall remain at the scene of such accident.” The same law also states that “any person who shall violate this subsection shall be fined not less than $200 nor more than $400, or be imprisoned for a period of not more than 30 days, or both, for the first offense.”

If you have been injured in a car accident, contact a car accident attorney in New Jersey or Pennsylvania to learn more about your rights. As a victim, you may be entitled to compensation for your medical costs or other damages suffered as a result of the car accident. Console & Hollawell have been serving victims of personal injury in New Jersey and Pennsylvania for over 17 years. With a 97% success rate, the award-winning attorneys at Console & Hollawell have the experience and tools necessary to obtain the maximum compensation for each client.

Photo Credit: The Super Cars

 

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