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May 2013 Archives

Families of accident victims lose wrongful death hearing

Recently, the families of two victims of a fatal car accident in Mannington, New Jersey, lost a wrongful death case against the county in an arbitration hearing. The wrongful death claims stem from a 2011 incident in which a 21-year-old woman and a 22-year-old woman were killed when their car skidded on an icy road and crashed into a tree. Both women were pronounced dead at the scene.

Judge suspends sentence of elderly men for drunk driving

Recently, a judge in Westfield, New Jersey, suspended the sentences for two elderly men involved in a hit-and-run that left a 68-year-old hospice nurse dead. The alcohol-related accident allegedly occurred when the two men struck the woman while she tended to an injured pedestrian. The two men admitted to drinking before the accident at a local Knights of Columbus Hall. The victim had struck a pedestrian with her car shortly before the accident, and had gone out to help him when she was hit by the two men. The woman died at the hospital from her injuries from the accident. Both men stopped after the accident, but one left before police arrived and he was charged with hit and run.

SUV driver sought in fatal car accident on New Jersey turnpike

After a fatal accident on New Jersey highways, the police investigate the scene before preparing a report. However, they don't want to close off in-demand highways for long, so they generally conduct this investigation and clean up quickly. Much of the investigation goes on in the days, weeks and even months following the car accident.

NJ Supreme Court issues ruling on witness' credentials

The New Jersey Supreme Court recently issued a ruling that doctors called as expert witnesses in medical malpractice cases must have the same qualifications as the defendant doctor. This ruling likely makes suing for medical malpractice more difficult in New Jersey. The case from which the ruling came involved a construction worker who suffered carbon monoxide poisoning while working in a basement. The physician attending to him recommended that he be treated with 100 percent oxygen, and the worker suffered brain damage as a result. The worker then sued for damages, alleging medical malpractice by the physician. An expert witness at the trial testified that the worker would not have suffered his injuries if the doctors had ordered him to be given oxygen in a hyperbaric chamber. The court ruled that because the witness did not specialize in emergency or family medicine, the trial judge should not have allowed her testimony, because she did not have the same specialty as the doctor.

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Gary D. Ginsberg is a Certified Civil Trial Lawyer who has been recognized as an expert in litigating cases in the courts of New Jersey.

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