Freehold, New Jersey criminal defense lawyer represented the Defendant seeking post-conviction relief.


The tragic facts of this case are gleaned from the record. In 2018, at the age of seventeen, defendant learned she was pregnant. Defendant discussed her pregnancy with the child's father, her boyfriend Quaimere Mohammed. Text messages between defendant and Mohammed indicate that the... More...    $0 (11-22-2024 - NJ)

Trenton, New Jersey civil rights lawyer represented Plaintiff, who sued Defendant on a Handicapped Child Act violation theory.

Title 20 U.S.C. §1401. Definitions

Except as otherwise provided, in this chapter:
(1) Assistive technology device
(A) In general

The term "assistive technology device" means any item, piece of equipment, or product system, whether acquir... More...    $0 (10-29-2021 - NJ)

The State presented the following evidence at trial.
Defendant, having spent the day with his daughter, waited for
Janet,1 the child's mother, to return home from work. As the child
and defendant sat in his car, Janet, her infant son, her partner,
and his sister pulled up and parked facing defendant's car, parked
in front of her apartment. The partner approached defenda... More...    $0 (04-24-2017 - NJ)

We first summarize the relevant facts and procedural history.
On August 28, 2012, at approximately 12:45 p.m., defendant crashed
her minivan into a light pole while driving on the Black Horse
Pike in Pleasantville. Defendant's husband, William Nasta, sat
in the front passenger seat, and their two-month-old and five
year-old daughters occupied the rear seat. William died ... More...    $0 (02-24-2017 - NJ)

This appeal raises questions about the competency of a
child witness and the process that a trial court should apply to
address that issue. Under the New Jersey Rules of Evidence, a
witness is considered competent to testify unless the court
makes a finding that he or she lacks the capacity to express his
v or her testimony so as to be understood, or is incapable of
... More...    $0 (06-10-2016 - NJ)

In State v. Cain, __ N.J. __ (2016), we determined that in
drug-distribution cases, an expert’s opinion on the defendant’s
state of mind -- whether the defendant possessed drugs with the
intent to distribute -- encroaches on the exclusive domain of
the jury as trier of fact. After the jury is informed of “the
significance of drug packaging and weight, scales and cutting <... More...    $0 (03-16-2016 - NJ)

As plaintiff Rolando Fernandes and his boss, Mario Freitas
(Mario),1 were installing a sewer pipe on a residential
construction site, the wall of the trench in which Fernandes was
working collapsed, burying him up to his chest. Mario promptly
extricated plaintiff and later drove him home. Fernandes was
seriously injured and has not worked since that day.
Fernandes ... More...    $0 (08-09-2015 - NJ)

We granted defendant, Cooper Health Systems (Cooper), leave to appeal two interlocutory orders in this medical malpractice case that (1) precluded Cooper from utilizing two particular physicians as causation experts, and (2) precluded one of those physicians from examining plaintiff. The two physicians never treated plaintiff but were members of the physician group that has regularly treated plain... More...    $0 (03-24-2010 - NJ)

This matter involves a tragic series of events in which the infant plaintiff Casey Pellicer, then recovering from surgery at defendant St. Barnabas Hospital, was disconnected from a respirator and suffered severe brain damage. In the medical malpractice trial that followed, his mother, plaintiff Areli Pellicer, asserted that his injuries were caused by doctors and nurses who were involved in his p... More...    $0 (07-30-2009 - NJ)

This matter involves a tragic series of events in which the infant plaintiff Casey Pellicer, then recovering from surgery at defendant St. Barnabas Hospital, was disconnected from a respirator and suffered severe brain damage. In the medical malpractice trial that followed, his mother, plaintiff Areli Pellicer, asserted that his injuries were caused by doctors and nurses who were involved in his p... More...    $0 (07-24-2009 - NJ)

We are asked to review questions regarding the sufficiency of detail required in a notice of claim submitted to a public entity, pursuant to the New Jersey Tort Claims Act (the Act), N.J.S.A. 59:1-1 to 12-3. Plaintiff Dinesha Lebron, formerly known as Dinesha Mobley, appeals from summary judgment and dismissal of her complaint with prejudice against defendants Camden City Board of Educatio... More...    $0 (05-21-2009 - NJ)

By leave granted, plaintiff Daniel J. Schneider appeals from a trial court order dated March 12, 2008, reducing a $200,000 verdict in plaintiff's favor to $125,000, and a second order, dated April 11, 2008, denying plaintiff's motion for reconsideration. Because we conclude that the trial court's stated reasons for granting the remittitur do not satisfy the applicable standards, as recentl... More...    $0 (01-23-2009 - NJ)

Plaintiffs, the Estate of a deceased child John Tyler Henderson (J.H.) and J.H.'s parents, Jennifer and John Henderson, individually, appeal from three separate orders entered on July 23, 2004, granting partial summary judgment under the notice provisions of the New Jersey Tort Claims Act (the Act), N.J.S.A. 59:1-1 to 59:12-3. More particularly, two of the orders bar plaintiffs' claims ag... More...    $0 (01-03-2005 - NJ)

Casey Pellicer's parents claimed that nurse Delphine Anderson and Dr. Anne Olesnicky committed medical malpractice when they failed to take appropriate steps to prevent Casey from suffering brain damage as an infant following surgery at St. Barnabas Medical Center in Livingston. The 6-year-old is severely mentally handicapped, confined to a wheelchair, virtually blind and unable to speak. The ... More...    $75000000 (11-18-2004 - NJ)

The issue presented by this appeal is whether a contractor's duty of care for the safety of persons who come on a construction site is governed by the common law doctrine of premises liability, under which the tort liability of a possessor of land is determined by the injured person's classification as a business invitee, licensee or trespasser, or by general negligence principles, under which ... More...    $0 (10-27-2004 - NJ)

On this appeal we are asked to interpret the language of the New Jersey Tort Claims Act (TCA) that requires, as a prerequisite to public entity liability, that the public property must be in a "dangerous condition at the time of the injury." N.J.S.A. 59:4-2. Here, the ten-year-old plaintiff suffered severe damage to his left hand after successfully igniting a firework he found in a municipal p... More...    $1600000 (07-07-2004 - NJ)

A.B. (plaintiff) and S.E.W. (defendant) were domestic partners from November 1988 to November 1996. They decided that they both would become pregnant through artificial insemination. Defendant gave birth to K.W. in April 1993. Plaintiff had participated in defendant's Lamaze classes and was in the delivery room at K.W.'s birth. The parties announced K.W.'s arrival, both in the newspaper and to fri... More...    $0 (04-01-2003 - NJ)

In this wrongful birth case, plaintiffs Milda Geler and Edward Faynin, the parents of a child who was born with Tay-Sachs disease and died just before the age of two, claimed malpractice on the part of obstetricians Richard Akawie and Michael Weingarten as the result of their alleged failure provide genetic counseling regarding the disease, to inform them of the availability of tests to det... More...    $0 (03-03-2003 - NJ)

Defendant William T. Evers challenges the validity of a search of his home authorized by a warrant that uncovered evidence of his possession and transmission of child pornography on the Internet and led to his conviction of multiple violations of the child endangerment statute, N.J.S.A. 2C:24-4. The State challenges defendant’s sentence to a probationary term for second-degree child endanger... More...    $0 (02-13-2003 - NJ)

In this constitutional challenge, certain women who have had abortions allegedly without giving informed consent contend that denial of their right to recover damages under New Jersey's Wrongful Death Act violates the Equal Protection and Due Process clauses of the Fourteenth Amendment. We have previously rejected such a claim, Alexander v. Whitman, 114 F.3d 1392 (3d Cir. 1997), a... More...    $0 (12-26-2002 - NJ)

46 U.S.C. S 183b, a statute that regulates the contractual limitations on time for passengers to bring a lawsuit against maritime carriers, provides that carriers may not impose time-bars of less than one year. This minimum one year time-bar is tolled, however, for injured minors pursuant to S 183b(c); in such cases, the clock starts ticking only when the minor's "legal represent... More...    $0 (12-20-2002 - NJ)

Plaintiffs, Mary Berberian and her husband Emanuel Berberian,See footnote 11 filed a complaint against defendants Diana Lynn, Edmund Gernannt, and a then-unknown physician. Amended complaints added the Estate of Gernannt as a defendant after he died, and substituted Dr. M.H. Ramay, M.D., as a defendant for the unknown physician. The complaint alleged that Lynn was negligent in allowing and causing... More...    $0 (11-29-2002 - NJ)

This is a medical malpractice, informed consent case. The gravamen of the complaint, filed by plaintiff Rosa Acuna individually, and in her capacity as Administratrix of the Estate of "Michael Doe," is that defendant Dr. Sheldon C. Turkish (defendant), a medical doctor specializing in the field of obstetrics and gynecology, failed to obtain an informed consent from plaintiff before terminating her... More...    $0 (10-30-2002 - NJ)

In this appeal we consider whether plaintiffs' expert's opinion, determined by the trial court to be scientifically unreliable, properly was excluded from evidence. Plaintiffs, Delisha Kemp (Delisha), a minor, by her mother and guardian, Debra Wright (Debra), and Debra Wright individually, appeal from the judgment of the Appellate Division affirming the trial court's grant of summary judgment dism... More...    $0 (08-22-2002 - NJ)

This is a wrongful birth case resulting in a finding of no cause for action against defendant Kenneth Kappy, M.D. Because we conclude that the trial judge, among other trial errors, erred in instructing the jury on the issue of medical judgment, we reverse and remand for a new trial. However, since a new trial is required on all issues including damages, the primary issue that we address is whe... More...    $293750 (08-09-2002 - NJ)

This is an obstetrical medical malpractice case in which the defendant treating physician relies on the medical judgment rule. Defendant Dr. Suresh R. Thani chose to assess fetal movement by asking the mother-to-be to count the number of times she felt the fetus kick, a technique referred to as maternal fetal monitoring, rather than by using modern ultrasound, electronic fetal monitoring and bioph... More...    $0 (05-13-2002 - NJ)

In Foldi v. Jeffries, 93 N.J. 533, 546-47 (1983), the Supreme Court preserved the doctrine of parental immunity in cases involving the negligent exercise of parental authority or provision of customary child care. However, if the parents' behavior is willful and wanton, the parental immunity doctrine does not apply. Id. at 547. In this case, plaintiffs Richard and Sabrina Grecco (plaintiffs), indi... More...    $0 (11-07-2001 - NJ)

This is an appeal from a judgment denying liability coverage and a defense to an insured, James Simone, Sr., under a homeowner's policy for a claim arising from an accident occurring off the insured's premises involving the insured's motorized go-cart. The circumstances resulting in the accident commenced on the apron of the insured's driveway and ended when the go-cart left the traveled portion o... More...    $0 (04-25-2001 - NJ)