Not a Lexis Advance subscriber? Try it out for free.
LexisNexis® CLE On-Demand features premium content from partners like American Law Institute Continuing Legal Education and Pozner & Dodd. Choose from a broad listing of topics suited for law firms, corporate legal departments, and government entities. Individual courses and subscriptions available.
NJ - The estates of two day laborers who were killed in a box truck accident on Route 287 in
Netcong, New Jersey in 2005 and a day laborer who was injured in the same accident were recently awarded over $2 million dollars in an arbitration agreement in the Superior Court of New Jersey, Monmouth Vicinage. The surviving day laborer and the estates of the two deceased victims were represented by New Jersey personal injury attorney Gerald Clark, Esq. of Keefe Bartels & Clark law firm, based in Red Bank,
Clark was able to prove that in addition to being driven by an unlicensed driver, the box truck was not sufficiently equipped with seating and seatbelts. This forced the day laborers to ride unsafely and unrestrained in the rear cargo area of the truck. Additionally,
Clark was able to show the Court that the box truck was filled beyond its recommended capacity with wood material, which also rendered the truck unsafe.
While workers usually can't sue their employer due to Workers Compensation law, Clark was successful in proving exceptional facts and arguing to the Court that his clients should be entitled. Specifically, Clark argued that the workers’ claims were not barred by the Workers' Compensation Act because the defendant acted with knowledge that its conduct was substantially certain to result in injury, that the workers were at most casual employees, and that the workers’ were not at their place of employment, but rather were on their way to the job site.
The estates of the deceased victims were awarded one million dollars each, while the surviving victim was awarded one hundred thousand dollars. The insurance company for the defendant has rejected the Court's award and the matter will be listed for a jury trial.
Gerald Clark is a partner at Keefe Bartels Clark, a New Jersey personal injury law firm committed to representing people who are injured in workplace, vehicle, and other serious accidents. Based in Red Bank, N.J., Keefe Bartels Clark also has offices in Edison, Newark, and
New Brunswick. Visit our site for more information http://www.keefebartels.com
Source: Keefe Bartels Clark