NJ Laws Email E279 July 17, 2008 Kenneth Vercammen, Attorney at Law 732-572-0500
In this issue: 1 Recent cases: BLINDNESS AFTER LASIK TO COST $2.1M 2. Car passenger has no special duty to prevent intoxicated person from driving. 3. Father's right to an attorney must be honored. 4. Reminder: Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST Saturday July 19 5pm- 11pm 5. Reminder: Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008.
1 Recent cases: BLINDNESS AFTER LASIK TO COST $2.1MDr. Joseph Dello Russo had advertised the safety of LASIK eye surgery for years, once even performing it live on Good Morning America. Now, a man who heard the call, underwent Dello Russo's surgery and became legally blind afterwards has settled with the doctor and his New Jersey Eye Center for $2.1 million. James Dell'Ermo alleged that Dello Russo failed to recognize that because of the shape of his corneas he was a poor candidate for LASIK surgery. After the surgery, Dell'Ermo had a deteriorating condition known as ectasia that will eventually force him to seek corneal transplants. Dell'Ermo v. Dello Russo and New Jersey Eye Center was one of 16 negligence lawsuits against the center that were at one time consolidated for binding arbitration, resulting in an award that was rejected by the Appellate Division one year ago, over insurance law considerations, in New Jersey Eye Center v. Princeton Insurance. It was scheduled to go to trial before Bergen County Superior Court Judge Robert C. Wilson this month but was settled shortly beforehand. Source NJL Daily Briefing - 07/08/20087-8-08
2. Car passenger has no special duty to prevent intoxicated person from driving. Champion v. Dunfee 398 NJ Super. 112 (App. Div. 2008) The court held that a guest passenger who neither owns nor controls the motor vehicle, who enjoys no special relationship to, and has not substantially encouraged the
wrongful behavior of, the actual tortfeasor, owes no affirmative duty to a fellow passenger to prevent his own automobile. 3. Father's right to an attorney must be honored. NJ DYFS v. R.G. 397 NJ Super. 439 The trial court must appoint counsel to represent indigent litigants during all proceedings in an abuse and neglect case. A permanency hearing is not required when a child is placed in the physical custody of a non-abusive parent.
4. Reminder: Friends of Ken and Cynthia Vercammen are invited to the 31st ANNUAL SUMMER BLAST Saturday July 19 5pm- 11pm Cocoa Beach Night Party D.J. , karaoke, 8 person Hot tub plus Deck and Tiki Bar. Blender drinks 2 Fooz ball tables, ping pong, arcade basketball Cold beer, tastee food, umbrella drinks LOCATION: South Brunswick NJ at 16 Ireland Brook Dr. near Farrington Lake, off Route 130 and Rt. 522) Directions: Visit our website at www.njlaws.com for directions to Ireland Brook Dr., or email/fax/call and we will send directions Kenneth Vercammen, Esq. at (732) 572-0500 (Law office) or 732-940-8962 (evening) Yes, We will be attending the party – email yes kenvnjlaws@verizon.net Name: _____________________________
or fax back to Law Office Fax: (732) 572-0030 Name: _____________________________
5. Reminder: Free Seminar - 2008 Update of Wills and Power of Attorney Seminar Wednesday, July 23, 2008. WHERE: 2053 Woodbridge, Edison, NJ, Law Office conference room, 2nd floor WHEN: Wednesday, July 23, 2008
12:30- 1:15 P.M.
COST: Free if your pre-register. This program is limited to 15 people SPEAKER: Kenneth Vercammen, Esq. (Author- Answers to Questions About Probate) The new NJ Probate Law made a number of substantial changes in Probate and the administration of estates and trusts in New Jersey. Main Topics: 1. The New Probate Law and preparation of Wills 2. Power of Attorney 3. Living Will 4. Administering the Estate/ Probate/Surrogate 5. Revocable Trusts/ Irrevocable Trusts 6. Federal HIPAA Regulations on release of medical info 7. Question and Answer COMPLIMENTARY MATERIAL: Brochures on Wills, "Answers to Questions about Probate" and Administration of an Estate, Power of Attorney, Living Wills, Real Estate Sales for Seniors, and Trusts. Here is your opportunity to listen to an experienced attorney who will answer questions how to distribute your property as you wish and avoid many rigid provisions of state law. To attend or for Information: kenvnjlaws@verizon.net
Mike
McDonald
732-572-0500
or
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