NJ Laws Email E275 June 10 , 2008 Kenneth Vercammen, Attorney at Law 732-572-0500 In this issue: 1 Recent cases: Suppression of Stop and dismissal of DWI dismissed where no erratic driving 2. No operation in DWI where engine not running 3. Bar can be liable if intoxicated patron injured 4 JOGGING DEATH LEADS TO $1.1 MILLION SETTLEMENT 5. New articles on website www.njlaws.com 6. Happy Father’s Day 7. Upcoming fun races with beer activity afterwards 8. SELLERS INFORMATION SHEET IN REAL ESTATE SALES
1 Recent cases: Suppression of Stop and dismissal of DWI dismissed where no erratic driving State v. Amelio NJ Super. (App. Div. A-1679-06T5, September 21, 2007, not approved for publication. Law Division order following a trial de novo that granted the defendant's motion to suppress evidence that resulted from a stop of his vehicle and that led to his arrest for driving while intoxicated and for refusal to submit to a Breathalyzer test affirmed; the defendant's 17-year-old daughter reported to the police that she was having a verbal dispute with the defendant, that the defendant was "drunk," and that he had left the scene in a vehicle; a police officer on patrol observed a vehicle that matched the description given by the daughter; that vehicle parked on the side of the road and then drove away about five seconds later; the officer then pulled the vehicle over; the Law Division properly concluded that the information given to the police dispatcher and then to the officer did not provide reasonable suspicion that the defendant was driving while intoxicated; there was no evidence that the defendant was operating his vehicle in an erratic manner, and the only evidence offered by the State was the daughter's statement that the defendant was "drunk." Source: NJ Lawyer October 1, 2007 2. No operation in DWI where engine not running State v Mize Appellate Division, A-2339-06T5, November 20, 2007, not approved for publication. Conviction following a trial de novo of driving while intoxicated reversed; the police had received several phone calls complaining about the operation of a red pickup truck; while on patrol, a police officer observed a red pickup truck parked about 25 yards into the driveway of a private residence; when he approached the truck, the
officer found the defendant "slumped over the steering wheel, with his head on the steering wheel"; the truck's interior dome light was on, the keys were in the ignition, but the engine was not running; there was sufficient evidence to support the trial court's conclusion that the defendant was intoxicated; however, the facts did not support a finding beyond a reasonable doubt that the defendant had operated the truck to the location where it had been found or that he had intended to move the truck prospectively. Source: NJ Lawyer November , 2007 3. Bar can be liable if intoxicated patron injured
Kathleen v. Bauer, et al. v.
Nesbitt, III 03-20-08 A-2343-06T2In this opinion the NJ Appellate Division discussed the potential liability of a bar/restaurant under the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act and the common law when a visibly intoxicated patron who has been served liquor by the bar is driven from the premises by an intoxicated underage patron who was not served liquor, and a fatal automobile accident results. The bar could be held liable for injuries. 4 JOGGING DEATH LEADS TO $1.1 MILLION SETTLEMENT The estate of a Tenafly man who was killed while jogging has received a wrongful death settlement of $1.1 million. In May 2006 Bruce Terman was jogging along County Road in Cresskill when he was struck by a car driven by Chandra Meier of Dumont as she was making a left turn. The estate sued for Terman's pain and suffering at the scene under the New Jersey Survivors Act, and under the Wrongful Death Act for his widow's pecuniary loss, including loss of support, spousal services and companionship. SOURCE: The New Jersey Lawyer Inc DAILY BRIEFING Tuesday, May 20, 2008
5. New articles on website www.njlaws.com: June 2008 Removal of a Personal Representative Disclaimer by a Beneficiary Notice of Probate Gun Possession Charges Battery Loss of Limbs Business Litigation Revoked List
1. 2. 3. 4. 5. 6. 7.
6. Happy Father’s Day We celebrate Father's Day on June 15th, and in every father's honor, I'd like to pass on a short three minute movie I
received titled: "To A Child Love Is Spelled T-I-M-E." So sit back, turn up your speakers and click on the link below. And please share it with friends, family members and co-workers. They'll love you for doing it! Click here to watch the movie 7. Upcoming fun races with beer activity afterwards 6/16 PRESIDENT'S CUP NIGHT RACE, 5K, 8pm, Charlie Browns, Millburn, 973-3766094, (USATF-700pts) Free beer, big post race party 6/22 Pine Beach 5K Pine Beach [near Toms River] Sunday Very well run shore area event. USTAF masters championship When you register, write down under the team category- "RVRR Ken V." 6/28 Rumson 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 http://groups.msn.com/RumsonHash/rumsonh3infosite.msnw 7/12 Belmar Five Mile Run 5 mile, 8:30am Belmar NJ 732-571-2162 free food at Bar A after race and reduced price drinks
8. SELLERS INFORMATION SHEET IN REAL ESTATE SALES 1.
SELLERS NAME: (as it appears on deed)
____________________________________
2.
Phone Number(cell)_______________________(W)__________________
3.
Your fax #______________.
Home phone _______________________
4.
Email Address _________________________
5.
Real Estate being Sold:
Lot No. _________ Block No. __________
Address: __________________________________________
6.
Present Mortgage Company: _____________________________ Address: ______________________________________ Loan No. ________________________
800 Telephone No. ____________________ (Provide copy of payoff amount)
7.
Other Mortgages, including Bridge Loans or Home Equity: Name of Mortgage Company: _____________________________ Address: ___________________________________________ Loan No. ___________________
800 Telephone No. _________________ (You need to obtain written copy of payoff amount from bank, verbal will not be sufficient)
8.
Is any Seller age 62 or over? If so, name and date of birth: _________
9.
Social Security Number _____-_____-_____.
10.
Name, Address, Telephone number of Condominium Association, if any
_____________________________________________________ 11.
Type of Fuel: Gas ___________________ Oil __________
PLEASE ATTACH A COPY OF TITLE INSURANCE, SURVEY, & DEED (not original) 12.
Marriage Information: Date of Marriage __________ Maiden or Prior Name(s) __________ Prior Marriages ________________________ (copy of Final Judgment of Divorce needed, not original)
13.
Address After Property Sale: _________________________
Purchase price $ ____________ Buyer/s name __________________
Mortgage amount $ ________ Mortgage Contingency Date __________.
Seller/s repair amount $ ________________. Proposed closing date ______
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