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New Jersey Personal Injury Law Blog

Bret Michaels settles brain injury lawsuit with Tony Awards

Rock musician and reality television star Bret Michaels has settled a personal injury lawsuit he filed against the producers of the Tony Awards and CBS in connection with a brain injury he said he suffered in an on-air accident after performing on the show in 2009. Michaels said the accident contributed to a later brain hemorrhage that almost killed him.

New Jersey fans of Michaels or his reality TV series "Rock of Love" no doubt recall the injury, a clip of which quickly went viral on the Internet. During the 2009 Tony Awards, which occurred on June 7 of that year, Michaels and his band Poison performed one of their songs along with the cast of the musical "Rock of Ages." The song ended and Michaels turned around to walk backstage, but as he moved a piece of background set came down and struck him on the face. He suffered a broken nose in the accident and cancelled several concerts.

Nursing home accused of neglect after resident hit by car

One of a nursing home's most important responsibilities is to protect its residents from harm. For residents who suffer from mental problems such as dementia, this means making sure that they do not wander away from the facility. Such residents are often unable to take care of themselves out in the world and disaster can result when the nursing home fails to prevent them from "eloping."

It appears that a Bridgewater assisted living facility resident was killed in May 2010 after no one stopped a mentally ill resident from leaving and walking into traffic. Now the woman's family is suing the facility, Brandywine Assisted Living at Middlebrook Crossing, for negligently contributing to her death.

Family settles suit with College of New Jersey over student death

Hours before a wrongful death lawsuit against the College of New Jersey in connection with the mysterious death of an 18-year-old student was set to begin, the college and the student's parents announced they have settled the case. The parents had accused TCNJ of failing to provide proper security at the victim's dorm early in the morning of March 25, 2006, which allegedly allowed someone to enter his room, murder him and put his body into a garbage chute without being caught.

The wrongful death trial was scheduled to begin on May 7, but the parties reached the settlement in March and the court authorized it March 30. As part of the settlement, New Jersey will pay the victim's parents $425,000. In exchange, neither the state nor TCNJ was required to admit liability in the man's killing. The parents said in a statement that they hoped the case would be a wake-up call for universities to improve their dorm security. The settlement would not reduce the impact of their son's death, they said.

Is text sender also to blame for distracted driving accident?

We have talked about distracted driving and the danger it poses to people in New Jersey traffic in this blog. Our distracted driving posts have tended to focus on drivers using their cell phones to talk or read text messages. But what about the person who sends a text message that leads to a car accident? Could that person also to blame for any injuries that result?

A Morris County Superior Court judge is expected to decide that question under New Jersey law later this month. He is considering a motion to dismiss a woman as a defendant from a personal injury lawsuit that resulted from a serious collision between a car and a motorcycle in September 2009. Another defendant in the lawsuit, the driver of the car, has admitted trading text messages with the woman seconds before the accident, which permanently crippled both people on the motorcycle.

Families of tour boat crash victims suing New Jersey business

It has been nearly two years since two students were killed in a collision between a tour boat and a barge on the Delaware River near Camden, New Jersey. Now the families of the victims are suing the companies that own the boats, including an East Brunswick business, along with the city of Philadelphia, for wrongful death in connection with the fatal accident. They say that the tour boat operators failed to do enough to protect the victims from drowning.

In July 2010, the victims, who were exchange students from Hungary, were riding on a duck boat that provided tours of the river, which separates Philadelphia from New Jersey. The boat's engine became overheated, but the captain believed the steam from the radiator was a fire. He anchored the boat in a channel that was full of other river traffic, but did not tell passengers to put on life vests until a barge being pushed by a tugboat was nearly on top of them, the plaintiffs' attorneys said.

Target requests slip and fall lawsuit moved to federal court

As part of its defense of a lawsuit filed by a woman who says she suffered multiple injuries when she fell at a Target store in 2010, the company is asking that the suit be removed to federal court. Target filed the motion in U.S. District Court for the Northern District of West Virginia on April 23, seeking to move the trial to that court instead of state court in Ohio, where the woman filed the premises liability lawsuit in March.

The woman was shopping at a Target retail store in March 2010 when she slipped in an aisle. According to her lawsuit, the woman suffered head and back injuries, as well as harm to her "extremities" and several internal injuries. She said that the patch of floor where the accident occurred was "unsafe, dangerous and unmaintained" due to Target's negligence and caused her injuries.

More teen football players suffering permanent head injuries

In the 1960s, high school football in the U.S. was so dangerous that 128 players died from brain injuries incurred on the field. Beginning in the next decade, and continuing to today, high school coaches, officials and parents have taken serious brain injuries among football players more seriously, and the number of player deaths has dropped.

But despite efforts in New Jersey and elsewhere to increase player safety, the number of severe brain injuries among high school athletes has crept back up in recent years. An annual survey on catastrophic football injuries noted that 14 boys suffered long-term head injuries sustained playing high school or youth football in 2011. That is the highest annual rate in more than 25 years, according to a news report about the survey.

New law raises punishment for road rage accidents in New Jersey

Drivers convicted of road rage-related crimes in New Jersey will now face up to five years in prison after Gov. Chris Christie signed a new bill into law on April 20. The law, named after a woman who was paralyzed in a road rage accident when she was 16, makes road rage a third-degree criminal offense in the state. Christie said that the bill had personal meaning for him.

"I'll tell you as a dad," he said at the signing ceremony, "this story hits close to home." Though his children have not been the victims of a road rage incident, all parents fear that their children could get into an accident due to another driver's overly aggressive behavior, Christie explained.

Brain injured man assisted by service dog

A man's life was tragically altered forever on Feb. 12, 2006 when he suffered traumatic brain injuries. These debilitating injuries came as a result of a car accident which occurred when he veered his car to try to prevent a collision with an oncoming car which was improperly moving into his lane. Unfortunately, this caused his vehicle to fall off an embankment and splash into a creek.

He remained unconscious in the water for approximately 8.5 hours until rescue workers managed to find him. It was only when he regained consciousness and called 911 on a cell phone that emergency responders were able to retrieve him and rush him by helicopter to a nearby hospital.

Construction worker killed by lightning during thunderstorm

The family of a New Jersey man who died after being struck by lightning while working on a construction project in Atlantic City says that the construction companies in charge of the project should have halted work for the day due to the thunderstorm. They have filed a wrongful death lawsuit against the companies, Tishman Construction and Network Construction Company. The defendants deny responsibility for the lightning strike, which injured two other workers.

The victim, who lived with his wife and children in Linwood, was part of a crew working on the construction of the Revel Casino, which is not involved in the lawsuit. On Sept. 15, he and two other men were ordered to pour concrete near an 800-foot tower crane. It was raining that day. As one of the other men recalled, he had heard a forecast that the storm would turn electrical and told management. But instead of calling off work until the storm passed, the foremen offered the workers rain jackets and ordered them to get to work, the man said.

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