Civil Model Jury Charge 1.10C Excusing Jurors for Personal Reasons Based on Length of Trial

1.10 INSTRUCTIONS TO JURORS BEFORE VOIR DIRE

(Approved 11/98)

[The following suggested jury instructions are offered as assistance to judges in organizing their communications with juries. The Committee recommends that the judge tailor these instructions to the particular case being tried. In the circumstances presented, some of these suggested instructions should be altered, some should be eliminated. In addition, the format or the order in which these instructions are given to the jury should be the subject of the judges option or discretion in each individual case.]

C. Excusing Jurors for Personal Reasons Based on Length of Trial

The trial of this case may take approximately _____ days. [Explain effect of weekends, court holidays or motion days, if applicable.] Therefore we expect that the trial will end on (state specific day and date).

If you are selected, tell me if that schedule creates a substantial personal problem for you. If I am satisfied that it does, I will excuse you from service on the jury in this case.

Civil Model Jury Charge 1.10B Duty of Citizens to Serve as Jurors

1.10 INSTRUCTIONS TO JURORS BEFORE VOIR DIRE (Approved 11/98) [The following suggested jury instructions are offered as assistance to judges in organizing their communications with juries. The Committee recommends that the judge tailor these instructions to the particular case being tried. In the circumstances presented, some of these suggested instructions should be altered, some should be eliminated. In addition, the format or the order in which these instructions are given to the jury should be the subject of the judges option or discretion in each individual case.] B. Duty of Citizens to Serve as Jurors I recognize that serving as a juror is inconvenient, but jury service is an important duty of citizenship. Having jurors available to decide the facts in lawsuits is fundamental to our entire system of justice. The courts cannot function without members of the public offering their time to serve as jurors.

Civil Model Jury Charge 1.10A Welcome and Explanation of Nature of Case

1.10 INSTRUCTIONS TO JURORS BEFORE VOIR DIRE (Approved 11/98) [The following suggested jury instructions are offered as assistance to judges in organizing their communications with juries. The Committee recommends that the judge tailor these instructions to the particular case being tried. In the circumstances presented, some of these suggested instructions should be altered, some should be eliminated. In addition, the format or the order in which these instructions are given to the jury should be the subject of the judges option or discretion in each individual case.] A. Welcome and Explanation of Nature of Case Good Morning (or Good Afternoon), members of the jury. My name is Judge ). We are about to select a jury for the trial of a civil case. [Explain the nature of the case. For example: It arises out of an automobile accident that occurred on Route #1, here in Middlesex County, on ( date ). The plaintiff brings this suit contending that the accident was caused by the negligence or fault of the driver of the other vehicle. She sues to recover money damages for the injuries she says she sustained in the accident. Her husband is also a plaintiff and he sues for money damages to compensate him for his losses. The defendant in the case denies that he caused this accident. The jury will be asked to decide fault for the accident and, if the plaintiffs are entitled to an award of damages. The jury will also be asked to decide on the appropriate amount.]

Civil Model Jury Charge 4.10D FORM OF CONTRACT

Civil Model Jury Charge4.10D FORM OF CONTRACT There is no requirement that a contract be in writing, that it be dated, or that it be signed by either party.1It can be entirely oral, or it can be partly oral and partly in writing. A contract can be made of several different documents if the parties intended that their agreement would include the various documents together. 1Unless the Statute of Frauds or some other statute applies and requires that a particular agreement is in writing.

Civil Model Jury Charge 2.11 WRONGFUL DISCHARGE IN VIOLATION

Civil Model Jury Charge 2.11 WRONGFUL DISCHARGE IN VIOLATION OF A CLEAR MANDATE OF PUBLIC POLICY1 Model Jury charge NJ

Plaintiff has alleged that he/she was wrongfully discharged from his/her position in violation of public policy. I charge you that the policy of ________________ is a clear mandate of public policy2; you must decide whether plaintiff was discharged:

[choose appropriate option below:]

(1) in violation of that policy; or

(2) for exercising rights protected by that policy; or

(3) for declining to perform an act or acts which require a violation of that policy;

[or] whether, as defendant states, plaintiff was not discharged for a reason related to that policy.

[choose appropriate corresponding option below:]

(1) In order to establish that plaintiff was discharged in violation of a public policy, you must find by a preponderance of the evidence that plaintiffs

1This charge is to be given only if a claim is asserted underPierce v. Ortho Pharmaceutical Corp., 84N.J. 58 (1980).

2Whether there is a clear mandate of public policy prohibiting the conduct is a question for the trial judge.Warthen v. Toms River Community Hospital, 199N.J. Super.18, 25 (App. Div. 1985).CHARGE 2.11Page 2 of 4

discharge violated the [state the public policy]. If plaintiff does not prove this, you need not consider whether plaintiffs discharge was wrongful. If plaintiff does prove that his/her discharge violated the [public policy], then you must consider whether3a determinative factor for his/her discharge was a violation of the [public policy], and not some other reason such as _______________________, which defendant has asserted.

3Erickson v. Marsh & McLennan, 117N.J.539, 560, 561 (1990). This seems tautological, but that is what the opinion says.

4Pierce v. Ortho Pharmaceutical Corp.,supra,at 72.

5Tartaglia v. UBS PaineWebber Inc., 197N.J. 81, 111 (2008).

(2 or 3) In order to establish that plaintiff was discharged for exercising rights under [public policy] or for declining to perform an act or acts which require a violation of the [public policy], you must find that plaintiff has proved by a preponderance of the evidence that he/she:

a. had a reasonable basis for believing defendant engaged in a violation of the [state the public policy];4and

b. brought the alleged violation of the [state the public policy] to the attention of an appropriate governmental outside authority or took other action reasonably calculated to prevent the objectionable conduct.5CHARGE 2.11Page 3 of 4

6Tartaglia v. UBS PaineWebber Inc.,supra,at 109.

7Tartaglia v. UBS PaineWebber Inc.,supra,at 112.

8Although the New Jersey Supreme Court and Appellate Division have held that plaintiffs bringing claims under theNew Jersey Law Against Discrimination(LAD),New Jersey Conscientious Employee Protection Act(CEPA), andNew Jersey Family Leave Act(FLA) need only prove that the unlawful motive was a determinative factor in the adverse employment decision rather than the sole motivating factor,see, e.g., Bergen Commercial Bank v. Sisler,157N.J.188, 207 (1999) (so holding with regard to LAD),Donofry v. Autotote Systems, Inc., 350N.J. Super.276, 293 (App. Div. 2001) (so holding with regard to CEPA), andDePalma v. Building Inspection Underwriters, 350N.J. Super.195, 214 (App. Div. 2002) (so holding with regard to FLA), no reported New Jersey state or federal court decisions appear to have addressed that issue with regard to New Jersey common-law wrongful discharge claims.

Plaintiff must prove that he/she sufficiently expressed his/her disagreement with defendants [state the conduct alleged to be in violation of public policy] to support the conclusion that his/her discharge violates the mandate of public policy and is unlawful. That is to say, a complaint to an outside agency or a direct complaint to senior corporate management will ordinarily be sufficient. On the other hand, a complaint to an immediate supervisor or passing remarks to co-workers generally will not.6

[charge the following in every case]

It is the plaintiffs obligation to prove, by a preponderance of the evidence, that his/her [describe the alleged adverse action in question, such as demotion, firing, etc.] violated a clear mandate of public policy.7, 8In this regard, I remind you that plaintiff was a so-called at will employee, that is he/she did not have aCHARGE 2.11Page 4 of 4

contract of employment. In New Jersey, such an employee can be discharged at the wish of the employer for any reason or for no reason. He/she could be discharged for a false cause, or for no cause at all, provided only that the reason the employer discharged the employee did not violate any clear mandate of public policy. A person fired unfairly, but not fired in violation of a specific public policy, does not have a cause of action for wrongful discharge in violation of public policy.

Civil Model Jury 5.33A Verbal Threshold

5.33A Verbal Threshold (Type 6, 7, 8 or 9 Injuries)1 (3/10) A. Introduction In order to recover damages in this case, plaintiff must prove by a preponderance of the evidence that he/she sustained injuries which fit into one or more of the following categories: NOTE TO JUDGE Charge 1, 2, 3 or any combination of them, depending on the proofs in each case. 1. Permanent loss of use of a body organ, member, function or system (Type 6); 2. Permanent consequential limitation of use of a body organ or member. (Type 7); or, 3. Significant limitation of use of a body function or system (Type 8). If the injuries caused by the accident do not come within these categories, your verdict must be for defendant. In cases with two or more defendants, some of whom have available the Limitation on Lawsuit Option defense and others who do not, charge the following: The jury should answer two specific interrogatories as to each defendant: (1) was this defendant negligent; (2) if so, did the negligence proximately cause plaintiffs injuries? If more than one defendant was negligent and their negligence proximately caused plaintiffs injuries, the jury has to find what percentage of the total negligence or fault is attributable to each defendant. Once the jury answers those questions, it should then determine whether or not plaintiff satisfied the applicable threshold which applies to a defendant. Then the jury should affix damages. Bolz v. Bolz, 400 N.J. Super. 154 (App. Div. 2008). B. Permanent Loss of Use of a Body Organ, Member, Function or System (Type 6) The first category is permanent loss of use of a body organ, member, function or system. In this case, the plaintiff alleges permanent loss of use of [insert body organ, member, function or system]. In order to prevail, the plaintiff must prove all three of the following elements: 1. That he/she sustained a loss of use of his/her [insert body organ, member, function or system]. In order to find that plaintiff sustained a loss of use of his [insert body organ, member, function or system], you must find either that the [insert body organ, member, function or system] no longer operates at all, or that it operates only in some limited way.[2] It is not necessary that there be a total loss of use of [insert body organ, member, function or system]. Plaintiff must show proof of the injury by objective, credible evidence; that is, the proofs must be both objective and credible. Objective means that the evidence must be verified by physical examination and observation and cannot be based solely on plaintiffs complaints. Credible means that the evidence is believable. 2. That the loss of use of [insert body organ, member, function or system] is permanent. 3. That the injury has had a serious impact on the plaintiffs life. This means that the plaintiff must prove that the injury has seriously affected one or more activities which were a significant and important component of the plaintiffs way of life.[3] C. Permanent Consequential Limitation of Use of a Body Organ or Member (Type 7) The second category is permanent consequential limitation of use of a body organ or member. In this case, the plaintiff alleges permanent consequential limitation of use of [insert body organ or member]. In order to prevail, the plaintiff must prove all three of the following elements: 1. That he/she sustained a consequential limitation of use of [insert body organ or member]. The phrase consequential limitation of use of a body organ or member means that the limitation of use of a body organ or member must be significant. In order to fall into this category, the limitation of use cannot be merely mild or minor. Rather, it must be important, significant, and of some consequence. It is not necessary that there be a total loss of use of [insert body organ or member]. You must find that the [insert body organ or member] has been limited or restricted in its operation in some significant way. A minor, mild or slight limitation is not consequential. Thus, in order for you to find that any of the plaintiffs injuries fall within this category, the plaintiff must prove that he/she has a limitation of use of his [insert body organ or member] that is of consequence and important in nature. Plaintiff must show proof of the alleged injury by objective, credible evidence. That is, the proofs must be both objective and credible. Objective means that the evidence must be verified by physical examination and observation and cannot be based solely upon plaintiffs complaints. Credible means that the evidence is believable. 2. That the limitation of use of [insert body organ or member] is permanent. 3. That the injury has had a serious impact on the plaintiffs life. This means that the plaintiff must prove that the injury has seriously affected one or more activities which were a significant and important component of the plaintiffs way of life.[4] D. Significant Limitation of Use of a Body Function or System (Type 8) The third category is significant limitation of use of a body function or system. In this case, the plaintiff alleges a significant limitation of use of [insert body function or system]. In order to prevail, the plaintiff must prove: 1. That he/she sustained a significant limitation of use of his [insert body function or system]. The phrase significant limitation of use of a body function or system means that the use of a body function or system is limited in a serious manner. It is not necessary that there be a total loss of use of (insert body function or system). You must find that there is a limitation of use of the [insert body function or system] which is significant, important or meaningful. A minor, mild or slight limitation of use is not sufficient. For this category, the limitation of use of [insert body function or system] need not be permanent. Plaintiff must show proof of the alleged injury by objective, credible evidence. That is, the proofs must be both objective and credible. Objective means that the evidence must be verified by physical examination and observation and cannot be based solely upon plaintiffs complaints. Credible means that the evidence is believable. 2. That the injury has had a serious impact on the plaintiffs life. This means that the plaintiff must prove that the injury has seriously affected one or more activities which were a significant and important component of the plaintiffs way of life.[5] E. Verbal Threshold (Type 9 Injuries) N.J.S.A.39:6A-8a In order to recover damages in this case, plaintiff must prove by a preponderance (greater weight) of the evidence that the injury he/she sustained is: A medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute that persons usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment.[6] In order to prevail, the plaintiff must prove all three of the following elements: 1. Plaintiff must satisfy you of the injury or impairment [describe] by objective, credible medical evidence; that is, the proofs must be both objective and credible. Objective means that the evidence must be verified by physical examination and/or testing and cannot be based solely on plaintiffs complaints. Credible means that the evidence is believable. 2. That the injury or impairment [describe] prevented the plaintiff from performing substantially all of the material acts which made up the plaintiffs usual and customary daily activities. In determining plaintiffs usual and customary daily activities you are to consider all of the activities which were a significant part of the plaintiffs usual daily routine. While you may find the plaintiffs employment to be a usual activity, you must give equal attention to the details of the plaintiffs other usual and customary activities such as marital, household, social, athletic or recreational activities.[7] You are to consider all of the plaintiffs usual activities, not just a primary one.[8] 3. Once you have determined what material acts constituted the plaintiffs usual and customary daily activities before the injury or impairment,[9] you must decide whether the plaintiff presented sufficient objective evidence showing that his/her injury or impairment [describe] prevented him/her from performing substantially all of these activities during at least 90 of the 180 days following the occurrence of the injury. The impact of the injury or impairment on these activities must have been to a great extent rather than a slight curtailment.[10] If you find that the plaintiff has established these three elements, then your verdict must be in favor of the plaintiff on this verbal threshold issue and you will answer the question yes. If you find that plaintiff has not proved each of these elements then you must answer the question no.[11] F. Sample Interrogatories (Verbal Threshold Types 6, 7, 8 & 9) 1. Has the plaintiff sustained an injury, caused by this accident, consisting of a permanent loss of use of a body organ, member, function or system?  Yes  No 2. Has the plaintiff sustained an injury, caused by this accident, consisting of a permanent consequential limitation of use of a body organ or member?[12]  Yes  No 3. Has the plaintiff sustained an injury, caused by this accident, consisting of the significant limitation of use of a body function or system?  Yes  No 4. Has the plaintiff sustained an injury, caused by this accident, which prevented the plaintiff from performing substantially all of his/her customary daily activities for at least 90 of the first 180 days following the accident?  Yes  No IF YOU ANSWERED ANY OF THE ABOVE FOUR QUESTIONS YES, CONTINUE TO QUESTION 5. IF YOU ANSWERED, ALL OF THE ABOVE QUESTIONS NO, CEASE DELIBERATIONS AND INFORM THE COURT YOU HAVE REACHED A VERDICT. 5. What amount of money will fairly and reasonably compensate plaintiff for the injuries proven to be proximately caused by this accident? $______________________ NOTE TO JUDGE The court may add negligence and proximate cause questions to these interrogatories to make up a verdict sheet. [1] See N.J.S.A. 39:6A-8a. Though not numbered in the statute, the categories are: (1) death; (2) dismemberment; (3) significant disfigurement; (4) fracture; (5) loss of a fetus; (6) permanent loss of use of a body organ, member, function or system; (7) permanent consequential limitation of use of a body organ or member; (8) significant limitation of use of a body function or system; (9) a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute that persons usual and customary daily activities for not less than 90 days during the 180 days immediately following the occurrence of the injury or impairment. [2] Bassett v. Romano, 511 NYS 2d 298 (1987). Permanency may include persistent pain, operation of an organ in a limited way, or only with pain. [3] Oswin v. Shaw, 129 N.J. 290, 318 (1992); Dabal v. Sodora, 260 NJ Super. 397, 401 (App. Div. 1992). [4] Oswin v. Shaw, supra at 318; Dabal v. Sodora, supra at 401. [5] Oswin v. Shaw, supra at 318 (1992); Dabal v. Sodora, supra at 401. [6] N.J.S.A. 39:6A-8a. [7] See Jefferson v. Freeman, 296 N.J. Super. 54, 66 (App. Div. 1996) (holding that jury instructions which focused the jurys attention on the time plaintiff was absent from work to the exclusion of other aspects of plaintiffs daily activities were erroneous). [8] See Jefferson v. Freeman supra at 63-64. See generally, Duffy v. OConnell, 279 N.J. Super. 672 (App. Div. 1995). [9] See Duffy v. OConnell, supra at 677 (noting that the cataloging plaintiffs usual and customary daily activities is an obvious part of plaintiffs case). [10] Jefferson v. Freeman, supra at 63. [11] A jury questionnaire must be submitted to the jury on this issue: Did the plaintiff sustain an injury or impairment which prevent him/her from performing substantially all of the material activities which constitute his/her usual and customary daily activities for not less than 90 days during the 180 days immediately following the injury or impairment yes or no? [12] The court, when going over this interrogatory with the jury, may want to state as follows: If you find permanent limitation of use, and that the limitation is consequential, as I have defined it, you must answer the question Yes. If you find that there is no permanent limitation, or the limitation is not consequential, you must answer the question No. Source https://www.judiciary.state.nj.us/civil/civindx.htm

Civil Litigation

Kenneth Vercammen, Esq. Our office represents businesses, insurance companies and people involved in civil lawsuits. We provide representation throughout New Jersey. Procedurally, the following events occur in most civil cases. First a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a Summons and have the defendants personally served with the Summons and Complaint. The defendant must file an Answer within 35 days.
Interrogatory Questions and Discovery The Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. In Personal Injury cases the plaintiff's attorney will demand the Defendant provide Certified Answers to Uniform Interrogatories Form C, plus C(1) Interrogatories in Auto cases ( or C (2) if this is a non- Auto case), to be answered within 60 days pursuant to Rule 4:17-1 et seq. The Court Rules require plaintiffs provide answers. If answers are not provided your case will be dismissed. You must answer each and every question as detailed as possible. Do not answer any of the questions with, see doctor's report or see bills. We strongly recommend you visit the accident site if possible to refresh your recollection as to distances and buildings nearby. Your attorney will later type up your answers and mail a copy back to you for your records.
Request for Production of Documents Kenneth Vercammen's office will also demand a Request for Production of Documents pursuant R. 4:18-1, which includes a Demand for Discovery of Insurance. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. In the event you are deposed during the course of this action, you will receive detailed instructions as to procedure and will be requested to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date. Altogether, these procedures may take from twelve months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice. Court Rule 4:22-1. sets forth the Rule on Request for Admission: A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters of fact within the scope of R. 4:10-2 set forth in the request, including the genuineness of any documents described in the request. Copies of the documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify the answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless stating that a reasonable inquiry was made and that the information known or readily obtainable is insufficient to enable an admission or denial. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial, may not, on that ground alone, object to the request but may, subject to the provisions of R. 4:23-3, deny the matter or set forth reasons for not being able to admit or deny. When we serve the Request for Admissions, the individual statements should be written so that the opposing side must Answer admit after each one.
Superior Court Civil Arbitration All civil lawsuits are required to participate in a Civil Arbitration at the County Courthouse or in a Mediation. In Middlesex County cases, these are held at the Middlesex County Courthouse Building, 1st Floor, 1 John F. Kennedy Square at Bayard Street, New Brunswick, New Jersey. The Arbitration is held before an attorney selected by the Assignment Judge who will read medical reports and statements submitted by the parties, then listen to testimony from the parties for approximately 15 minutes. The Arbitrator will make a decision as to who is responsible and whether damages should be awarded. Most Personal Injury attorney mail a draft of the Arbitration Statement to their clients ahead of time. We recommend clients notify our office immediately in writing with any changes in the Arbitration Statement. We suggest you visit the accident site during the week prior to Arbitration, and call all of your doctors to confirm all bills are paid. We provide a copy of your Answers to Interrogatories to our clients. Personal injury clients should carefully review the answers to interrogatories before the Arbitration. You should be fully familiar with the information which was supplied by way of answers to interrogatories because many of the Arbitration questions will involve the same information. If you cannot locate your copy of the Answers to the Interrogatories, please call your attorney's office and they should forward to you another copy of the Answers to the Interrogatories. You must be present in court and prepared to proceed at that time. You should bring all of your papers in connection with your case to Court. Please call your attorney's secretary approximately 24 hours before this hearing to confirm that the court has not adjourned your hearing. CONCLUSION
If a lawsuit is filed, immediately schedule a consultation with an attorney. Our office represents parties in Civil Litigation cases. If facing a lawsuit, immediately schedule an appointment with a civil attorney. Don't rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and business is on the line, hire the best attorney available.

Civil Discovery in Superior Court, Law Division

Kenneth Vercammen, Esq. Our office represents businesses, insurance companies and people involved in civil lawsuits. We provide representation throughout New Jersey. Procedurally, the following events occur in most civil cases. First a Complaint and Case Information Statement is prepared by your attorney. It is filed in the Superior Court, Law Division. Your attorney then will prepare a Summons and have the defendants personally served with the Summons and Complaint. The defendant must file an Answer within 35 days.
Interrogatory Questions and Discovery The Answer is followed by a request for written interrogatories. These are questions that must be answered by each party. In Personal Injury cases the plaintiff's attorney will demand the Defendant provide Certified Answers to Uniform Interrogatories Form C, plus C(1) Interrogatories in Auto cases ( or C (2) if this is a non- Auto case), to be answered within 60 days pursuant to Rule 4:17-1 et seq. The Court Rules require plaintiffs provide answers. If answers are not provided your case will be dismissed. You must answer each and every question as detailed as possible. Do not answer any of the questions with, see doctor's report or see bills. We strongly recommend you visit the accident site if possible to refresh your recollection as to distances and buildings nearby. Your attorney will later type up your answers and mail a copy back to you for your records.
Request for Production of Documents Kenneth Vercammen's office will also demand a Request for Production of Documents pursuant R. 4:18-1, which includes a Demand for Discovery of Insurance. Generally, written interrogatories are followed by the taking of depositions, which is recorded testimony given under oath by any person the opposition wishes to question. In the event you are deposed during the course of this action, you will receive detailed instructions as to procedure and will be requested to watch a videotape. After taking depositions, the case will be set down for an Arbitration. If the parties do not settle after the Arbitration, the case will be given a trial call date. Altogether, these procedures may take from twelve months to several years, and your patience may be sorely tried during this time. However, it has been our experience that clients who are forewarned have a much higher tolerance level for the slowly turning wheels of justice. Court Rule 4:22-1. sets forth the Rule on Request for Admission: A party may serve upon any other party a written request for the admission, for purposes of the pending action only, of the truth of any matters of fact within the scope of R. 4:10-2 set forth in the request, including the genuineness of any documents described in the request. Copies of the documents shall be served with the request unless they have been or are otherwise furnished or made available for inspection and copying. The request may, without leave of court, be served upon the plaintiff after commencement of the action and upon any other party with or after service of the summons and complaint upon that party. Each matter of which an admission is requested shall be separately set forth. The matter is admitted unless, within 30 days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by the party's attorney. If objection is made, the reasons therefor shall be stated. The answer shall specifically deny the matter or set forth in detail the reasons why the answering party cannot truthfully admit or deny the matter. A denial shall fairly meet the substance of the requested admission, and when good faith requires that a party qualify the answer or deny only a part of the matter of which an admission is requested, the party shall specify so much of it as is true and qualify or deny the remainder. An answering party may not give lack of information or knowledge as a reason for failure to admit or deny unless stating that a reasonable inquiry was made and that the information known or readily obtainable is insufficient to enable an admission or denial. A party who considers that a matter of which an admission has been requested presents a genuine issue for trial, may not, on that ground alone, object to the request but may, subject to the provisions of R. 4:23-3, deny the matter or set forth reasons for not being able to admit or deny. When we serve the Request for Admissions, the individual statements should be written so that the opposing side must Answer admit after each one.
Superior Court Civil Arbitration All civil lawsuits are required to participate in a Civil Arbitration at the County Courthouse or in a Mediation. In Middlesex County cases, these are held at the Middlesex County Courthouse Building, 1st Floor, 1 John F. Kennedy Square at Bayard Street, New Brunswick, New Jersey. The Arbitration is held before an attorney selected by the Assignment Judge who will read medical reports and statements submitted by the parties, then listen to testimony from the parties for approximately 15 minutes. The Arbitrator will make a decision as to who is responsible and whether damages should be awarded. Most Personal Injury attorney mail a draft of the Arbitration Statement to their clients ahead of time. We recommend clients notify our office immediately in writing with any changes in the Arbitration Statement. We suggest you visit the accident site during the week prior to Arbitration, and call all of your doctors to confirm all bills are paid. We provide a copy of your Answers to Interrogatories to our clients. Personal injury clients should carefully review the answers to interrogatories before the Arbitration. You should be fully familiar with the information which was supplied by way of answers to interrogatories because many of the Arbitration questions will involve the same information. If you cannot locate your copy of the Answers to the Interrogatories, please call your attorney's office and they should forward to you another copy of the Answers to the Interrogatories. You must be present in court and prepared to proceed at that time. You should bring all of your papers in connection with your case to Court. Please call your attorney's secretary approximately 24 hours before this hearing to confirm that the court has not adjourned your hearing. CONCLUSION
If a lawsuit is filed, immediately schedule a consultation with an attorney. Our office represents parties in Civil Litigation cases. If facing a lawsuit, immediately schedule an appointment with a civil attorney. Don't rely on a real estate attorney, public defender or a family member who took a law class in school. When your life and business is on the line, hire the best attorney available.
KENNETH VERCAMMEN & ASSOCIATES, PC ATTORNEY AT LAW
2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732-572-0500 (Fax) 732-572-0030
TRIAL AND LITIGATION EXPERIENCE
In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He appears in Courts throughout New Jersey several times each week on many personal injury matters, Criminal and Municipal/ traffic Court trials, Probate hearings, and contested administrative law hearings.
Mr. Vercammen served as the Prosecutor for the Township of Cranbury, Middlesex County and was involved in trials on a weekly basis. He also argued all pre-trial motions and post-trial applications on behalf of the State of New Jersey.
He has also served as a Special Acting Prosecutor in Woodbridge, Perth Amboy, Hightstown, Carteret, East Brunswick, Jamesburg, South Brunswick, South River and South Plainfield for conflict cases. Since 1989, he has personally handled hundreds of criminal and motor vehicle matters as a Prosecutor and now as defense counsel and has had substantial success.
Previously, Mr. Vercammen was Public Defender for the Township of Edison and Borough of Metuchen and a Designated Counsel for the Middlesex County Public Defender's Office. He represented indigent individuals facing consequences of magnitude. He was in Court trying cases and making motions in difficult criminal and DWI matters. Every case he personally handled and prepared.
His resume sets forth the numerous bar associations and activities which demonstrate his commitment to the legal profession and providing quality representation to clients.
Since 1985, his primary concentration has been on litigation matters. Mr. Vercammen gained other legal experiences as the Confidential Law Clerk to the Court of Appeals of Maryland (Supreme Court) with the Delaware County, PA District Attorney Office handling Probable Cause Hearings, Middlesex County Probation Department as a Probation Officer, and an Executive Assistant to Scranton District Magistrate, Thomas Hart, in Scranton, PA.

Childrens Injuries

Edited by Kenneth Vercammen, Esq.
It is the duty of every business to properly and adequately inspect, maintain and keep the outside property and inside premises free from danger to life, limb and property of persons lawfully and rightfully using same and to warn of any such dangers or hazards thereon. You may be lawfully upon the premises as a business invitee in the exercise of due care on your part, and solely by reason of the omission, failure and default of the child day care facility, be caused to fall down. If the business did not perform their duty to an injured person to maintain the premises in a safe, suitable and proper condition, you may be entitled to make a claim. If severely injured, you can file a claim for damages, together with interest and costs of suit. Injured people can demand trial by jury.
Sometimes, persons are injured in fall downs caused by wet and slippery floors or failure by the facility to clean up broken or fallen items. No one plans on being injured in an accident, whether it is a car accident, fall down or other situation. Speak with a personal injury attorney immediately to retain all your rights. The stores are responsible for the maintenance of their premises which are used by the public. It is the duty of the store to inspect and keep said premises in a safe condition and free from any and all pitfalls, obstacles or traps that would likely cause injury to persons lawfully thereon.
The following information is taken from the old model jury charges dealing with fall downs by customers who are business invitees.
INVITEE - DEFINED AND GENERAL DUTY OWED
An invitee is one who is permitted to enter or remain on land (or premises) for a purpose of the owner (or occupier). He/She enters by invitation, expressed or implied. The owner (or occupier) of the land (or premises) who by invitation, expressed or implied, induced persons to come upon his/her premises, is under a duty to exercise ordinary care to render the premises reasonably safe for the purposes embraced in the invitation. Thus, he/she must exercise reasonable care for the invitees safety. He/She must take such steps as are reasonable and prudent to correct or give warning of hazardous conditions or defects actually known to him/her (or his/her employees), and of hazardous conditions or defects which he/she (or his/her employees) by the exercise of reasonable care, could discover.
BUSINESS INVITEE FALL DOWNS:
The basic duty of a proprietor of premises to which the public is invited for business purposes of the proprietor is to exercise reasonable care to see that one who enters his/her premises upon that invitation has a reasonably safe place to do that which is within the scope of the invitation.
Notes:
(1) Business Invitee: The duty owed to a business invitee is no different than the duty owed to other invitees.
(2) Construction Defects, Intrinsic and Foreign Substances: The rules dealt with in this section and subsequent sections apply mainly to those cases where injury is caused by transitory conditions, such as falls due to foreign substances or defects resulting from wear and tear or other deterioration of premises which were originally constructed properly.
Where a hazardous condition is due to defective construction or construction not in accord with applicable standards it is not necessary to prove that the owner or occupier had actual knowledge of the defect or would have become aware of the defect had he/she personally made an inspection. In such cases the owner is liable for failing to provide a safe place for the use of the invitee.
Thus, in Brody v. Albert Lipson & Sons, 17 N.J. 383 (1955), the court distinguished between a risk due to the intrinsic quality of the material used (calling it an intrinsic substance case) and a risk due to a foreign substance or extra-normal condition of the premises. There the case was submitted to the jury on the theory that the terrazzo floor was peculiarly liable to become slipper when wet by water and that defendant should have taken precautions against said risk. The court appears to reject defendants contention that there be notice, direct or imputed by proof of adequate opportunity to discover the defective condition. 17 N.J. at 389.
It may be possible to reconcile this position with the requirement of constructive notice of an unsafe condition by saying that an owner of premises is chargeable with knowledge of such hazards in construction as a reasonable inspection by an appropriate expert would reveal. See: Restatement to Torts 2d, §343, Comment f, pp. 217-218 (1965), saying that a proprietor is required to have superior knowledge of the dangers incident to facilities furnished to invitees.
Alternatively, one can view these cases as within the category of defective or hazardous conditions created by defendant or by an independent contractor for which defendant would be liable (see introductory note above).

Caveat to Will

If you have evidence a Will was not prepared properly, the signer was incompetent, there was undue influence, you may be able to prevent the filing of the Will in probate if you file a Caveat toWill.
A. Caveat
Is a formal notice by someone to prevent the proving of a Will or the grant of administration of an Estate. The following is one of the NJ Court Rules dealing with a Caveat to Will
RULE 4:82. MATTERS IN WHICH THE SURROGATE'S COURT MAY NOT ACT
Unless specifically authorized by order or judgment of the Superior Court, and then only in accordance with such order or judgment, the Surrogate's Court shall not act in any matter in which
(1) a caveat has been filed with it before the entry of its judgment;
(2) a doubt arises on the face of a will or a will has been lost or destroyed;
(3) the application is to admit to probate a writing intended as a will as defined by N.J.S.A. 3B:3-2(b) or N.J.S.A. 3B:3-3;
(4) the application is to appoint an administrator pendente lite or other limited administrator;
(5) a dispute arises before the Surrogate's Court as to any matter; or
(6) the Surrogate certifies the case to be of doubt or difficulty.