NJ Laws Email E283 September 23, 2008 Kenneth Vercammen, Attorney at Law 7325720500 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 defendant’s Internet records 5. Upcoming community events. 6. Fun charity Running Races
1. INADEQUATE SAFETY TRAINING LEADS TO $1M PAYOUT A maintenance worker who received second and thirddegree 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 filter's manufacturer and the OSHA consultant that had been contracted to train workers in the factory's 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 Kosco's 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:522, 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. Kenneth Vercammen law office can often help persons erase prior arrests or criminal charges. Call today