NJ Laws Email Newsletter E283

September 23, 2008

In This Issue
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1. Important Recent cases: Inadequate Safety Training Leads to $1M Payout.
2. No Expungement if two prior crimes.
3. One car accidents not always an "At Fault Accident" to increase insurance rates.
4. Police cannot access defendants Internet records.
5. Upcoming community events.
6. Fun charity Running Races.

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1. Important Recent cases: Inadequate Safety Training Leads to $1M Payout.

A maintenance worker who received second- and third-degree burns when a leaking butane filter caught fire at the Ronson Butane Lighter Factory in Middlesex County has won a $1 million settlement from the filters manufacturer and the OSHA consultant that had been contracted to train workers in the factorys safety procedures. Juraj Kosco found the leak as he was preparing the factory for its morning opening; he tried to investigate without shutting off the butane flow or donning a fire retardant uniform. Static electricity sparked the fire that has left Kosco significantly scarred on his arms, torso and legs.

The OSHA consultant, Industrial Waste Management, had argued it was only contractually responsible for classroom instruction, not for the specific instructions that might have prevented Koscos injuries. Under mediation by retired appellate Judge John Keefe, however, it agreed to pay $820,000, while the manufacturer, CUNO Inc., agreed to pay $240,000.

The factory owner, Ronson, was removed as a defendant because it was covered by and paid out workers compensation insurance. Its insurer, Liberty Mutual, will now claw back $330,000 of the settlement. Kosco v. Ronson Consumer Products had been scheduled before Middlesex County Judge Jessica R. Mayer.

Source: NJ Lawyer Daily Briefing 9/5/08
2. No Expungement if two prior crimes. Expungement Petition of Ross 400 NJ Super. 117 (App. Div. 2008).

The expungement statute, N.J.S.A. 2C:52-2, permits expungement of an indictable conviction only if the petitioner "has not been convicted of any prior or subsequent crime." The court construed the statute and held that if a petitioner commits two crimes at different times, he is precluded from seeking expungement even if he is sentenced and convicted for the two crimes on the same day.

The Law Offices of Kenneth Vercammen can often help people erase prior arrests or criminal charges. Call today.
3. One car accidents not always an "At Fault Accident" to increase insurance rates. Reilly v. AAA-Mid-Atlantic Ins. Co. 194 NJ 474 (2008).

The Department of Banking and Insurances application of its regulations to assign insurance eligibility points to an insured for an accident in which the insured was not negligent or culpable exceeded the scope of its statutory authority.
4. Police cannot access defendants Internet records. State v. Reid 194 NJ 386 (2008).

Pursuant to Article I, Paragraph 7, of the New Jersey Constitution, the Court holds that citizens have a reasonable expectation of privacy in the subscriber information they provide to Internet service providers. Accordingly, the motion to suppress by defendant Reid was properly granted because the police used a deficient municipal subpoena.

Law enforcement officials can obtain subscriber information by serving a grand jury subpoena on an Internet service provider without notice to the subscriber. The State may seek to reacquire the information with a proper grand jury subpoena because records of the information existed independently of the faulty process used by the police, and the conduct of the police did not affect the information.

5. Upcoming community events. If you will be attending any of these events, send our office an email response. Sometimes we car pool or meet at community events.

Sept. 27 (Saturday)
Sea Bright Restaurant Trolley Tour "A Taste of Sea Bright"

Ride the trolley and hop to 27 different stops for samplings of food, drinks, cocktails, door prize drawings, and incredible free giveaways!

Oct. 4 (Saturday)
Metuchen Fair - Metuchen, NJ

Oct. 6 (Monday)
Biz Mania - Woodbridge, NJ at 1:30

Oct. 11 (Saturday)
Thin Mike Sydor & Lance Tkacs almost 50 Party

Oct. 18 (Saturday)
Annual Far Hills Steeple Chase Race "The Hunt" Saturday Post Time 1:00 p. m. Moorland Farms, Far Hills, NJ $80.00 per person.

Oct. 21 (Tuesday)
Wills - East Brunswick, NJ from 7-8:30

6. Fun Charity Running Races

9/28 Metuchen YMCA Garbolino 5k run at Roosevelt Park - 8:30am

9/28 Treasure Island Sprint Triathlon, 600 meter swim, 10.5 mile bike, 3 mile run, Pt Pleasant NJ

9/28 Bishop Ahr HS 5k

10/5 Sunday East Brunswick 1pm RVRR well run event Road closed to traffic 848-391-0200. ebrrinc@gmail.comm www.ebrr.org

10/11 Sayreville Hit the Bricks 5 mile 732-390-7092

10/11 The Rat Race-Fall, 5k-5miles, 10:07am Wall, NJ - Hashing & free beer

10/12 Deal 5 miler 5 mile Deal hot dogs & beer

10/19 Seaside Half Marathon & 5K, 13.1 mile run, 10am,13.1 walk, 9am, 5k 10:10 - Seaside Park NJ

10/26 Trick or Trot 4 mile run 4 mile Long Branch party at Celtic Cottage after run

If you are attending any of these races, please email Ken. Often we car pool or met at these events. If you cant run, you can often volunteer, or walk the course

Thank you for reading our newsletter! God Bless America USA #1

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Editors Note and Disclaimer:

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

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website: www.njlaws.com

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Since 1985, KENNETH VERCAMMEN has worked as a personal injury attorney, working for injury victims and their families. By taking a hard-hitting, aggressive approach toward the insurance companies, KENNETH VERCAMMEN and our co-counsel have consistently obtained outstanding results for many injured clients over the years I am proud to have worked on cases in various capacities, small and large. While obviously prior results cannot guarantee the outcome of future cases, I can guarantee that you case will receive the same degree of dedication and hard work that went into each of these prior cases.

In direct contrast to the hard-hitting approach we take toward the insurance companies is the “soft” approach we take toward our clients. I am proud of my compassionate staff as I am of the outstanding financial results they have achieved. For many years, I have watched them treat our clients with patience, dignity and respect. I would have it no other way.

Many years ago, I attended a seminar sponsored by the American Bar Association on Law Practice Management. This was to help insure that each of our clients is always treated like a person -- not a file! We recognize that you are innocent victims and that you have placed your trust in us. Please understand that we understand what you are going through. Feel comforted that we are here to help you.

If you retain KENNETH VERCAMMEN to represent you, we will give you the same advice we give each of our clients -- concentrate on your life, you family and your health. We will take care of everything else. Leave all of the work and worry about your legal rights to us. Trust us. Believe in us. Have faith in us as your attorneys. Understand that we will always to do what we believe is best for you and your case. Helping you is our job. In fact, it is our only job -- guiding injury victims like you through one of the most difficult times of your lives, with care and concern -- while fighting aggressively to the limits of the law to obtain compensation and justice for each of you!

Print our Personal Injury Questionnaire on our Website, Fill it out and Fax back, so we can determine if we can help you obtain an injury settlement. We would welcome an opportunity to prove to you what we have proven to thousands of injured clients -- that you can feel comfortable and secure in the fact that KENNETH VERCAMMEN - Trial Attorney We Fight To Win.

When you have been injured in an accident or collision, you are worried about who is going to pay your medical bills, lost wages, and other damages. The last thing you want is to be taken advantage of by an insurance company. If you don’t protect your rights, you may not be able to make a claim.

Insurance companies have attorneys and adjusters whose goal is to pay you as little as they can. You need a New Jersey personal injury lawyer to fight for you. I am dedicated to helping your recover as much money as possible under the law.

You need an attorney who will work hard to protect your rights, maximize your insurance settlement and minimize the hassles of dealing with the insurance companies. You need an experienced and aggressive New Jersey trial lawyer with PROVEN RESULTS who will fight for you. Having an experienced personal injury lawyer can make the difference between getting what you deserve and getting nothing.

Without the threat of a lawyer who is willing to go to trial and seek a big jury verdict, why would an insurance company pay you what your claim is really worth? Lawsuits can be expensive, and many people do not have the money to pursue their claim. In every case, I advance all costs associated with pursuing your case and I do not ask you for a penny until we recover from the other side.

I am an experienced aggressive trial lawyer and a 3rd degree Black Belt. I am not afraid to take your case to trial if that is what it takes to maximize the amount of money your recover for your personal injury. I offer one-on-one service, and I will not hand your case off to an inexperienced lawyer or a paralegal.

Reduce the stress of making a claim.

Personal injury accidents can turn your life upside down. Making a personal injury claim can be difficult and time consuming. Once I take your case, you can stop worrying about dealing with the insurance companies and focus on recovering from your injuries. I take care of all of the paperwork, phone calls, and negotiations, so you can get on with your life.

p.s. For those clients who are afraid or reluctant to go to Court, KENNETH VERCAMMEN also offers a special -- “For Settlement Only” -- program. This means that if we are unable to settle with the insurance company, we will not go any further -- unless you want us to. You have my personal assurance that there will be absolutely no pressure and no obligation.

We handle personal injury cases on a contingency fee basis.

This means:
YOU DON’T OWE ME A LEGAL FEE UNLESS I RECOVER MONEY FOR YOU.

Call our office to schedule a "confidential" appointment 732-572-0500

Kenneth A. Vercammen is the Managing Attorney at Kenneth Vercammen & Associates in Edison, NJ. He is a New Jersey trial attorney has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appears in Courts throughout New Jersey each week on personal injury matters, Criminal /Municipal Court trials, and contested Probate hearings.

Mr. Vercammen has published over 125 legal articles in national and New Jersey publications on criminal, elder law, probate and litigation topics. He is a highly regarded lecturer on litigation issues for the American Bar Association, NJ ICLE, New Jersey State Bar Association and Middlesex County Bar Association. His articles have been published in noted publications included New Jersey Law Journal, ABA Law Practice Management Magazine, and New Jersey Lawyer. He is the Editor in Chief of the American Bar Association Tort and Insurance Committee Newsletter.

Admitted In NJ, US Supreme Court and Federal District Court.

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