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August 12, 2010
Topic: Personal Injury

LAWSUITS PERMITTED FOR MISHANDLED 9-1-1 CALLS

Two New Jersey Appellate Court panels recently ruled in separate opinions that governmental entities and their 9-1-1 operators are not immune from lawsuits for bungled 9-1-1 calls. Previously, it was believed that a law known as the 9-1-1 immunity statute, N.J.S.A. 52:17C-10, granted immunity from lawsuits to all emergency call centers and the government entities running them. However, in a pair of cases, Massachi v. City of Newark Police Department and Wilson v. City of Jersey City, the NJ Appellate Division ruled that there is no immunity to emergency communication centers or the 9-1-1 operators for their negligence.

In Massachi v. City of Newark Police Department , the Court ruled that the statutory immunity of N.J.S.A. 52:17C-10, does not afford immunity to a 9-1-1 emergency communications center and to its employees for the negligent rendering of 9-1-1 services, including dispatching police to an incorrect location, failing to keep the caller on the line so she could update the 9-1-1 employee on the location of the perpetrator and failing to broadcast an alert to surrounding municipalities.

In Wilson v. City of Jersey City, the Court refused to dismiss claims against 9-1-1 operators for failing to follow protocols and misdirecting 9-1-1 calls during a mass homicide.

If you or a family member has suffered a personal injury, contact the Law Offices of Todd B. Eder, P.C. at (732) 937-9100, with offices conveniently located in East Brunswick and Neptune City for statewide representation.

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Speak Up to Lawyer Up or What You Say Can Be Used Against You
June 16, 2010
Topic: Criminal

Silence is not enough to invoke right to remain silent after being advised of Miranda rights.

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No Deportation for Subsequent, Unenhanced Simple Drug Possession Convictions
June 15, 2010
Topic: Criminal

A second or subsequent state court unenhanced conviction for simple drug possession is not an "aggravated felony" which would permit deportation or prevent re-entry into the United States.

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No SLAP, Only Jail, for Driving While Suspended for DWI
May 26, 2010
Topic: Traffic/DUI

In a newly published decision, State v. White, a Municipal Court Judge from Byram Township in Sussex County, New Jersey ruled that the Sheriff's Labor Assistance Program (SLAP) is not available to those convicted of driving while suspended/revoked under a DWI conviction, and only a jail term is allowed to be imposed upon such violators.

Under the Driving while Suspended Statute [NJSA 39:3-40(f)(2)], a person convicted of driving while suspended for a DWI conviction must be imprisoned in the county jail for a period of ten days up to 90 days. Until this court ruling, as an alternative to incarceration, municipal courts were allowing these offenders to participate in the Sheriff's Labor Assistance Program-SLAP, where they complete their sentence on weekends (thereby safekeeping their jobs) by performing community service, such as litter patrol, under the supervision of Sheriff's Officers. Now, only jail is available.

Although this published ruling may be limited to the municipal court from which it was issued, the decision is significant and may be followed by other courts since publication of NJ munipal court decisions are rare, and this is the second time a decision of this judge has been published.

If you have been charged with a traffic offense, DWI or driving while suspended, call the Law Offices of Todd B. Eder, P.C. at (732) 937-9100 or reach us online.

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Injured Drunken Drivers May Now Sue Their Tavern Servers
April 29, 2010
Topic: Traffic/DUI

In a New Jersey Appellate Division decision, Voss v. Tranquilino, a court ruled that drunken drivers may now sue liquor establishments for economic and non-economic (painand suffering) damages for injuries they suffered after being served alcoholic beverages.

Until this decision, liquor licensees were considered immune from suit from a drunken driver who sustained injuries in a motor vehicle accident after being served while visibly intoxicated, citing N.J.S.A. 39:6A-4.5 (b), which provides that a driver of a motor vehicle who is convicted of or pleads guilty to driving while intoxicated (DWI) in connection with an accident "shall have no cause of action for recovery of economic or noneconomic loss sustained as a result of the accident." Under prior interpretation, only those who were the injured victims of the drunk drivers were able to sue the liquor establishments.

The court found that N.J.S.A. 39:6A-4.5 (b) does not bar a suit known as a dram shop claim by the injured driver because "(1) the purpose of the statute is to reduce automobile insurance premiums and its scope should be limited to losses subject to coverage under Title 39; (2) barring a dram shop claim would unjustifiably constitute repeal by implication of a portion of the New Jersey Licensed Alcoholic Beverage Server Fair Liability Act, commonly referred to as the "Dram Shop Act"; and (3) immunizing liquor licensees from liability in such circumstances would be inimical to the policy of this State of curbing drunk driving."

The court's conclusion "is bolstered by a public policy consideration. Our courts have long recognized the 'senseless havoc and destruction caused by intoxicated drivers,' and the strong public policy in 'the immediate removal of drunk drivers from the highways"..."The Legislature could not have thought it could reduce the number of drunk drivers by immunizing liquor establishments from their claims and thus providing a disincentive to the licensees, who possess the expertise and the statutory and regulatory responsibility to avoid serving visibly intoxicated patrons, thus increasing their degree of intoxication before turning them loose on the highways."

Whether you are the injured victim of a drunk driver or a driver who sustained injuries after being served alcoholic beverages, call the East Brunswick Law Offices of Todd B. Eder, P.C. at (732) 937-9100, or contact us here online, for statewide legal representation.

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