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Albert Buzzetti & Associates, L.L.C.

New Jersey Legal Issues Blog

Brain injury after eye surgery yields $3.2M settlement

When a person makes the decision, with a medical professional, to go under for surgery there is always a risk. However, a medical provider, doctor and other medical professionals have the responsibility of educating a person about particular risks they could face when entering into surgery. Failure to do so can result in patient injury and the possibility of a personal injury lawsuit.

In Passaic County, a man was told he was considered low-risk for an eye surgery even though he had a risk of cardiac health issues. When he went under anesthesia, a type was administered that was high risk based on his condition and the monitoring equipment wasn't sufficient. This led to circulatory collapse which ultimately caused a serious brain injury due to lack of oxygen to the brain. Because of these and other factors, the man was awarded $3.2M from the defendants in a personal injury suit.

Protect your business with a well-drafted employee contract

When launching a new business, the setup work includes understanding laws and regulations, contracts and agreements.

One of the first documents you need is a well-drafted employee contract to ensure a good employer-employee relationship and protect your business.

New Jersey businesses may merger and acquisition issues

Whether you are a small, medium or large business it may be time to think of taking the step of undergoing a merger or acquisition. There could be many reasons for this. Maybe you finally have the capital to grow, maybe your competitor or your own business isn't doing well at the size it is or maybe another reason drives the change. Whether acquiescing or being acquiesced, your business has specific needs and you have questions. There are many things that may be relevant to you and your business at such a critical point.

The bringing together of two companies can happen by merger or acquisition. There are slight differences between the two, if a company is acquiescing a company that means they are enveloping that company into their own company. A merger on the other hand, is a more equal union with only some commonality of being a blended company.

Bedbug related injuries could be compensable

If you travel for work or pleasure, you've stayed in hotels or other places like bed and breakfasts or even other rental properties while you're away from home. One of the most important factors for travelers in New Jersey is that place they're staying at for the night is clean and tidy. There is nothing worse than walking into a dirty hotel room.

However, while some of the dirt may be unappealing, there is another kind of unkemptness that can make you sick. If a person who previously stayed in the room had bedbugs or if an infestation has started on the property, a person staying in that room could easily be affected. Bedbugs are tiny bugs that bite and suck blood and are usually found in the sheets and on the mattress in hotel rooms. Bedbugs will often leave specific bite patterns, and if you are bitten specific bumps will appear on your skin.

Several hospitalized after multi-vehicle New Jersey car accident

Driving on the freeway gives many drivers anxiety behind the wheel. After all, with several lanes of traffic whizzing by on either side, often at speeds greater than 70 mph, it can make any driver a little uneasy. One wrong move made by another driver can lead to a car accident in the blink of an eye. It seems a recent car accident on New Jersey's I-280 involved at least a dozen vehicles.

In those vehicles, seven individuals were hospitalized for car accident injuries. Luckily, it appears everyone will survive the ordeal. While authorities are still investigating the crash, it appears to have started by a flatbed tractor trailer truck hauling bags of cement. Video footage of the car accident scene appears to show many vehicles in a state of disarray, with one vehicle flipped on its hood.

Limits on downtown chain stores in Jersey City under attack

Most residents of New Jersey associate chain stores with large shopping centers or roadside strip malls. Four years ago, Jersey City passed an ordinance that is intended to prevent chain store outlets from locating in the downtown business area. Now the owner of a downtown building has filed a federal lawsuit alleging that the Jersey City ordinance is unconstitutional and nothing more than a "publicity stunt" intended to help Jersey City's mayor Steve Fulop succeed in his run for governor.

The ordinance limits chain stores to 30% of ground floor commercial space in buildings located in the city's redevelopment zones. The restrictions apply only to portions of downtown Jersey City and do not affect large portions of the city's Hudson River waterfront. The business lawsuit alleges that the restrictions violate both the commerce and equal protection clauses of the United States Constitution and also violate the state's zoning laws.

Making a case for premises liability

If you are at someone’s home or business when you sustain an injury, you may be able to seek financial compensation if certain circumstances are present. Many people refer to these injuries as “slip-and-fall” cases, but you can hurt yourself many ways on both public and private property.

Recently, ABC reported that a man in Woodbridge was attempting litigation by faking a fall inside someone’s business. He mistakenly believed that all he had to do was fall down and he could hold the owner liable. What he failed to realize was that the process is quite a bit more complicated than that.

New Jersey enacts law that voids non-disclosure clauses

One of the greatest barriers to settling lawsuits by existing or former employees is the employer's fear that other employees will learn about the settlement and start their own lawsuits. For many years New Jersey lawyers have inserted non-disclosure clauses in employment contracts and business litigation settlement agreements that prevent both the employer and the employee from telling anyone about the terms of the settlement.

These clauses have proved effective in preventing wide-dissemination of the terms of the settlement agreement. In recent years, however, employee advocates have sought legislation that would permit employees to disclose the terms of any settlement agreement that involved discrimination or sexual harassment in order to pave the way for similar lawsuits by other victims of discrimination or harassment.

Three injured in Bobcat accident in New Jersey

Bobcats are small versions of larger front-end loaders, and they are familiar sights whenever heavy lifting is required in small spaces. The handy little vehicles generally do not travel on highways in New Jersey, and they are seldom involved in motor vehicle accidents. A tragic exception occurred on March 4, 2019, when a Bobcat was being used to remove snow from a footbridge on Route 208 in Passaic County.

A Hawthorne Borough public works employee was using a Bobcat to clear snow from a pedestrian overpass over Route 208. While the Bobcat was on the bridge, a portion of its floor underneath the Bobcat collapsed, causing the Bobcat to plunge onto the highway below. The Bobcat struck a van that was heading north on Route 208. The operator of the Bobcat was seriously injured in the fall. According to news photographs, the Bobcat struck the van on the passenger side and nearly crushed the vehicle. The front seat passenger in the van was badly injured. The driver of the van also suffered injuries, but he was treated and released from a local hospital.

Bus company to pay $7 million in motor vehicle accident case

Yellow school buses are generally regarded as a benign presence on New Jersey's roads and highways, but occasionally they become involved in serious motor vehicle accidents.

For example, a wrongful death case out of Monroe Township, Gloucester County, involving a school bus and its driver was recently settled for $7 million. The money is to be paid to the estate of a man killed when the bus ran a traffic light and hit his car. A look inside the case shows how lax performance standards and other factors turn these buses into serious traffic hazards.

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