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Kenneth Vercammen & Associates
A Law Office with Experienced Attorneys for Your New Jersey Legal Needs
      

2053 Woodbridge Ave.
Edison NJ 08817
732-572-0500
1-800-655-2977
Personal Injury and Criminal
on Weekends 732-261-4005

Princeton Area
68 South Main St.
Cranbury, NJ 08512
By Appointment Only
Toll Free
800-655-2977


 

NJ Laws Email Newsletter E276

June 24, 2008

In This Issue
_______________
1. Recent cases: Hockey arena not liable to patron hit with puck during warm-ups.

2. Pharmacist could be liable for putting wrong drug in prescription.

3. If property not abandoned, defendant has standing to challenge Search.

4. PTI available if thefts not part of enterprise.

5. More New articles on website www.njlaws.com.

6. This Weekend's Activities.

7. Legal forms available from the NJ State Bar Association Annual Meeting for Attorneys, Judges, Prosecutors and Police.

8. Welcome Summer 2008 Law Clerks.

--------------------------------------------------------------------------------

Greetings,

1. Recent cases: Hockey arena not liable to patron hit with puck during warm-ups Sciarrotta v. Global Spectrum (A-28-07).

The limited duty rule, which concerns the provision of screened seating in certain areas of sports venues, applies to all activities on the field of play, including pre-game warm-ups. If a sports venue owner or operator complies with the limited duty rule, it has satisfied its duty of care to patrons in the stands and no action in negligence will lie for the peril of objects leaving the field of play. Furthermore, the limited duty rule does not impose a separate duty to warn of the risk of objects leaving the field of play.

2. Pharmacist could be liable for putting wrong drug in prescription. Bender v. Walgreen Eastern Co., Inc., et al. (A-4664-06T1)


The Court concluded that a claim of professional negligence based on a pharmacist's filling a prescription with a drug not prescribed falls within the "common knowledge" exception to the affidavit of merit statute, which the Supreme Court recognized in Hubbard ex rel. Hubbard v. Reed, 168 N.J. 387 (2001).

3. If property not abandoned, defendant has standing to challenge Search. State v. Johnson 193 NJ 528 (Decided February 26, 2008) A-81-06

Defendant has standing under state law to challenge the warrantless search of the duffel bag in the home in which he was present, and the fruits of the search are suppressed for failure to comply with the warrant requirements of Article I, Paragraph 7 of the New Jersey Constitution.

Although defendants are provided automatic standing when the seized property satisfies an element of the charged offense, if the State can show that the property was abandoned, a defendant will have no right to challenge the search or seizure of the property.
4. PTI available if thefts not part of enterprise. State v. Watkins, III 193 NJ 507 (Decided February 21, 2008) A-118-06



At issue in this appeal is the meaning of Guideline 3(i)(2) of Rule 3:28, which applies a presumption against admission into Pretrial Intervention (PTI) where the criminal conduct is "part of a continuing criminal business or enterprise."

Individuals acting alone in furtherance of their own criminal interests who commit a series of offenses such as thefts or forgeries are not "part of a continuing business or enterprise" because they are not parin concert with others.

5. New Articles on website www.njlaws.com

June 2008

Financial Crimes
Violent Crimes
Late Cancer Diagnosis
Negligent Surgery
Emergency Room Negligence
Falling Merchandise
Scarring
Drowning Injury Claims
Drunk Driver Injuries
Unknown Auto Injuries
Elevator Injury
Escalator Injuries


6. This Weekend's Activities:

Patanella's FLAT as a PANCAKE Sprint Triathlon
Triathlon and Duathlon
6/28/2008 Saturday
Race begins at 8:00am
300 Father Capodanno Blvd,
Staten Island, NY 10306

TRIATHLON
SWIM: 1/4 mile along the shore of the Raritan Bay.
Swimmers will be no more than 25 yds off shore at anytime during swim.

BIKE: Three 4 mile loops on a 3 lane road closed to traffic. Flat. Fast. FUN!!!

RUN: 5K run. 3/4 mile on asphalt, 3/4 mile on stone block, U TURN, 3/4 mile on stone block,3/4 mile on wooden boardwalk. Enjoy a beautiful view of the Raritan Bay the
entire run http://greenbrookracing.com/Pan.html

then jump in your car for
6/28 Annual 10 mile, 10 bar Long Branch to Belmar This is not a race. You run, bike or walk 10 miles to between 10-13 bars. Finish at Bar A, and play volleyball. Members of Rumson Hash and Jersey Shore Running Club often participate
http://groups.msn.com/RumsonHash/rumsonh3infosite.msnw
then run to Saturday, June 28 Bar Anticipation

ESPN
Live Broadcast 1 - 4 pm
Subway Series Show with Brandon Tierney and
ESPN Baseball Analyst Steve Phillips plus 1050 Trivia Challenge and Co-ed Volleyball Tournament for Springsteen
Tickets and Other Prizes with $2.50 Coors Light till 8 pm http://www.bar-a.com/events.htm

7. Legal forms available from the NJ State Bar Association Annual Meeting for Attorneys, Judges, Prosecutors and Police.

Program:

Hot Topics in Municipal Court Practice held at the Trump Taj Mahal Casino Resort


Thursday, May 22 2008

Speakers: Paris P. Eliades, Esq.

Kenneth A. Vercammen, Esq. Edison 2005 NJSBA Municipal Court Attorney of the Year

Could not attend? Need forms?
Send email to Kenvnjlaws@verizon.net and let us know which forms or motions you request. The materials will be sent to you within 5 days, or fax us your email address 732-572-0030 fax

Name ___________________

Email ___________________


02 Lt of rep only.doc
02 DISC.doc
02a DISC to DMV.doc
02d Disc_Complainant.doc
03D Retainer-MUN COURT.doc
04 Hearing notice.doc
100 Cross Exam Q-DWI.doc
AG Guidelines binding.doc
Appeal Fee Bill to Client.doc
atty_guidelines_0505.pdf
Bail reduce Mt.doc
Brief post convict vacate plea.doc
Conditional Discharge Pet Cl.doc
constructive poss.doc
Court cannot handle discovery.doc
Crim interview aba.doc
crim- Specific defenses.doc
Defense Affidavit to Client.doc
DISC to Client from Prosecutor.doc
DUI Motions non disc- jury.doc
DWI- Blood defense brief.doc
DWI- expert letter.doc
DWS Fine reduced parking ticket.doc
Expungement recommend.doc
MIRANDA br.doc
More disc br.doc
Mt for Civil Reservation.doc
Mt forSlap.doc
Mt to be Relieved.doc
Mt- Dismiss No disc mun Pros.doc
Mun Ct Interview.doc
MVC_ DMV - Follow-up Hearing.doc
MVC_ DMV points for Atom.doc
No discovery dismiss Brief.doc
No Show in Court.doc
OBJ TO LAB CERT.doc
OPRA Brief Crim.doc
Order mark try or dismiss.doc
Order to be Relieved.doc
Pros- missing abstract.doc
Refusal Brief wrong statement.doc
Storm Cert priv pros.doc
Sup-Miranda.doc
SUPPRESSION MT.doc
SUPPRESSION BRIEF.doc
Chun discovery brief
www.BeNotGuilty.com

8. Welcome Summer 2008 Law Clerks:

Christina Velazquez - Ava Maria School of Law, Mount Saint Mary Academy Graduate, Assistant Editor of the NJ Municipal Law Review

Mitchell Zuckerman - University of Maryland, J.P. Stevens Graduate, Editor of the Personal Injury Blog


A.C. Ranasinghe - William & Mary, J.P. Stevens Graduate, Editor of the Personal Injury Blog

Michael Samaroo - Loyola College in Maryland, J.P. Stevens Graduate, Editor of the Elder Law Blog


Jasmin A. Eversley- Drexel University Class of 2008, Piscataway H.S. graduate, Public Defender Intern and Editor of the Criminal Law Blog

http://www.njlaws.com/Law_Clerks.htm




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

Our updated law blogs:

NJLaws' Newsletter Blog-http://njlaws1.blogspot.com/

NJ Criminal Law Blog - http://njcriminallaw.blogspot.com/

NJ Traffic Law & Municipal Court Blog - http://traffic-law.blogspot.com/

NJ Personal Injury & Civil Law Blog- http://njlawspersonalinjury.blogspot.com/

NJ Elder Law Blog -http://elder-law.blogspot.com/

NJ Drug Law Blog - http://drugarrest.blogspot.com/

We appreciate continued referrals. We want to take the time to extend to our friends and clients our sincere gratitude because it is good friends and clients that make our business grow. Client recommendation is a very important source of new clients to us. We are grateful for the recommendation of new clients. We will do our best to give all clients excellent care. We shall do our best to justify all recommendations.

"Celebrating more than 21 years of providing excellent service to clients 1985-2007" Former Prosecutor

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Editor's Note and Disclaimer:

All materials Copyright 2008. You may pass along the information on the NJ Laws Newsletter and website, provided the name and address of the Law Office is included.

KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

website: www.njlaws.com


Admitted to practice law in New Jersey, New York, Pennsylvania, US Supreme Court and Federal District Court

 

 
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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, NY, PA, US Supreme Court and Federal District Court.

Contact the Law Office of
 Kenneth Vercammen & Associates, P.C.
 at 732-572-0500
for an appointment.

       The Law Office cannot provide legal advice or answer legal questions over the phone or by email. Please call the Law office and schedule a confidential "in office" consultation.

Ken Vercammen articles.

Ken Vercammen's Resume
Directions to Ken Vercammen and Associates




 

Disclaimer This web site is purely a public resource of general New Jersey information (intended, but not promised or guaranteed to be correct, complete, or up-to-date). It is not intended be a source of legal advice, do not rely on information at this site or others in place of the advice of competent counsel. The Law Office of Kenneth Vercammen complies with the New Jersey Rules of Professional Conduct. This web site is not sponsored or associated with any particular linked entity unless specifically stated.  The existence of any particular link is simply intended to imply potential interest to the reader, inclusion of a link should not be construed as an endorsement.

 

Last Revised August 15, 2008

© 2008 Kenneth Vercammen & Associates, P.C.