New Jersey Injury Attorney Blog

A 48-year-old man died and four suffered severe injuries when a car slammed into a van on the New Jersey Turnpike in Newark, The Star-Ledger reports. The New Jersey auto accident reportedly occurred in the Interchange 15E in the northbound lanes of the eastern spur, according to State police officials.

The incident happened when a 2004 Honda Civic driven by 27-year-old Benjamin Paz of West New York rear-ended a 2002 GMC Savannah driven by 42-year-old Mazhar Ali of Brooklyn. The van reportedly rolled over and crashed into a concrete barrier. The unidentified passenger who died in the accident was hit by flying debris, concrete and other construction equipment. Two other passengers in the van – Wholi Khan and Nima Ertseramy – were injured. The names of two others who were injured were not released.

There were 722 fatal New Jersey car accidents in 2006. That number included 31 fatalities in Newark and nine in Jersey City. That number is also a 3 percent increase over the previous years.

If you have been involved in a New Jersey auto accident caused by another driver’s negligence, you may be able to file a claim against that person for property damage, personal injury and in certain cases, punitive damages. If you or a loved one has been injured in a New Jersey auto accident, please call a top New Jersey personal injury attorney at Lependorf & Silverstein for a free consultation. We will help you secure the compensation you rightfully deserve.

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Posted In: Auto Accidents

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A New Jersey Appellate Panel recently confirmed that a single, homophobic slur uttered by a supervisor is a sufficient basis for an employee’s lawsuit that is based on a hostile work environment due to sexual harassment at work.

In this case, the plaintiff alleged, among other things, that his immediate supervisor called him a “stupid fag.” A short time later, he was terminated under a false pretext that his performance was subpar.

The trial court dismissed the lawsuit at summary judgment. Citing Taylor v. Metzger, 152 N.J. 490 (1998), the plaintiff had (correctly) argued that a single instance of harassment or discrimination can create a “hostile work environment” under the law. However, the trial judge noted that no other witness heard the slur, and there was no evidence that the supervisor knew the victim was gay, nor was his orientation well known throughout the company. Thus, the trial judge found that the comment was not so “severe or pervasive” as to constitute a hostile work environment.

Continue reading " Hostile Work Environment Claim Supported by Single Anti-Gay Slur " »

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Posted In: Sexual Harassment

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A Camden County, NJ jury recently awarded $250,000 in compensatory damages and $1 million in punitive damages to an employee of a bridal store who had alleged that she was fired because she complained of racial discrimination at work. The plaintiff, an African-American woman, alleged that customers were routinely not assigned to her due to her race, which made it difficult to reach her sales quotas. The Plaintiff presented evidence to the jury that numerous African-American employees had been disciplined for failing to make quotas, while no white employee had ever been fired.

The interesting part of this case was that the jury found that there was no discrimination by the store. However, the jury did find that the store fired her in retaliation for her complaints. Compensatory damages included compensation for emotional distress, and punitive damages were awarded because the store management participated in the retaliation.

Victims of racial or sexual harassment in the workplace should understand that discriminatory conduct by their employers is wrong, and there are legal remedies for such conduct. In the eyes of the law, it is also wrong for an employer to terminate, demote, or otherwise negatively impact an employee who complains about harassment or discrimination.

If you have been sexually harassed, or treated differently because of your race, gender, age, ethnicity, or sexual orientation, contact Attorney Peter B. Paris at Lependorf & Silverstein today. Mr. Paris is an aggressive and experienced New Jersey personal injury attorney who will fight for the justice you deserve.

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Posted In: Workers Compensation

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At long last, the New Jersey Supreme Court has finally decided that repeated, abusive, offensive, and degrading comments about a person’s religious faith or identity in the workplace can provide the basis for a successful hostile work environment lawsuit.

In Cutler v. Dorn, a Jewish police officer, Jason Cutler, was repeatedly subjected to taunts and ridicule from supervisors and co-workers that were based on his Jewish faith and ancestry. For example, Officer Cutler endured words like “those dirty Jews!” and offensive references to his apparent lack of a “big Jew nose.” Co-workers would work their discrimination into conversations in which they would say, for example, “Jews are good with numbers” and “Jews make all the money.” While the Appellate Court deemed these taunts to be mere “teasing,” the Supreme Court issued a strong opinion rejecting that description and found that “[a]ntagonistic, degrading, or demeaning conduct in the workplace that is directed at, or about, one’s religious faith, or ancestry, can be discriminatory and can amount to an unlawful hostile environment.”

If you have been subjected to repeated insults at work regarding your religious faith or heritage, you have a right to stand up for yourself. If you have been fired or quit your job because of such harassment, you may very well be entitled to compensation.

Contact the New Jersey personal injury attorneys at Lependorf & Silverstein to help you defend yourself and protect your rights.

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Posted In: Workers Compensation

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If your company sells commercial goods to other businesses for resale, fabrication, or use in other products, you should make certain that your warranty disclaimers are well written, properly communicated, and otherwise enforceable. One of the most important disclaimers you should consider is a limitation of consequential damages.

When drafting warranty disclaimers, businesses must strike a balance. On the one hand, you want to protect yourself themselves from possible New Jersey products liability flowing from the product sold. On the other hand, you want to assure potential customers that you stand behind your product. An attorney who is familiar with your business is essential to drafting effective and enforceable warranty and liability disclaimers.

While the number of ways to limit potential liability is virtually infinite, probably the most important protection is to limit “consequential damages.” In plain English, the concept of consequential damages is as follows. Typically, a business claiming a breach of contract can recover the total contract price, or a fraction thereof, depending on the circumstances. For example, Buyer agrees to pay $100 for Seller’s product. After paying for it, the product does not work. If Seller cannot or will not replace or repair the product, Buyer would be entitled to $100 in direct damages for the breach.

Continue reading " Products Liability and Warranty Protected With Well Written Disclaimer " »

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Posted In: Product Liability

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