Defendant's Attorney: Kevin M. McGoldrick

Description: Tenton, New Jersey personal injury truck wreck lawyer represented the Plaintiff who sued the Defendants on auto negligence theories.

"New Jersey auto negligence law follows a comparative negligence system, meaning that both parties involved in an accident can be partly responsible for the damages. Here are some key points to understand:

Duty of Care:

Every driver has a legal duty to act with reasonable care towards other drivers, passengers, and pedestrians. This includes obeying traffic laws, maintaining a safe speed, and being alert and avoiding distractions.

Breach of Duty:

A driver breaches their duty of care when they behave in a negligent manner, such as:
Speeding
Distracted driving (cell phone use, eating, etc.)
Driving under the influence of alcohol or drugs
Ignoring traffic signals or signs
Following too closely
Reckless driving

Causation:

The driver's breach of duty must have directly caused the accident and resulting injuries. There must be a clear link between the negligence and the harm suffered.

Damages:

If negligence is proven, the injured party can recover damages for:
Medical expenses
Lost wages or income
Pain and suffering
Emotional distress
Property damage

Comparative Negligence:

As mentioned earlier, New Jersey follows a pure comparative negligence system. This means that even if the injured party contributed to the accident by their own negligence, they can still recover damages. However, their damages will be reduced in proportion to their own fault.
For example, if the injured party was found to be 30% at fault for the accident, their damages would be reduced by 30%.

Other Important Points:

New Jersey has a limited verbal threshold for pain and suffering damages. This means that unless the injuries meet certain criteria (e.g., permanent injuries or significant scarring), the injured party can only recover economic damages (medical bills, lost wages) and nominal damages for pain and suffering.
New Jersey requires all drivers to carry no-fault insurance, which covers medical expenses regardless of who was at fault in the accident. However, to recover non-economic damages (pain and suffering), the injured party must meet the threshold criteria mentioned above.
It's always advisable to consult with a qualified legal professional if you have been involved in a car accident, even if the injuries seem minor. They can help you navigate the legal process and fight for the compensation you deserve."

Google Bard

"Federal courts in the United States have limited jurisdiction, meaning they can only hear specific types of cases. Understanding the boundaries of this jurisdiction is crucial for determining whether a legal dispute belongs in federal court or state court. Here's a breakdown of the key concepts:

Types of Jurisdiction:

Subject-matter jurisdiction: This refers to the type of issue or claim under consideration. Federal courts can hear cases involving:
Federal law: Any case arising under the U.S. Constitution, federal statutes, or treaties.
Diversity of citizenship: Cases between citizens of different states where the amount in controversy exceeds $75,000.
Specific federal questions: These include admiralty law, bankruptcy, intellectual property, antitrust law, and certain federal crimes.
Personal jurisdiction: This determines whether a particular court has the authority to hear a case against a specific defendant. Generally, the defendant must have sufficient ties to the district where the court sits.

Key Sources of Jurisdiction:

U.S. Constitution: Article III of the Constitution outlines the judicial power of the federal government and sets the foundation for federal court jurisdiction.
Federal statutes: Congress has the power to expand or limit federal court jurisdiction through specific laws. Examples include the diversity jurisdiction statute and the various jurisdictional provisions for federal agencies.
Federal Rules of Civil Procedure: These procedural rules, adopted by the Supreme Court, further define the scope of federal court jurisdiction.

Exceptions and Concurrent Jurisdiction:

State law claims: While federal courts primarily handle federal law claims, they can also hear certain state law claims in limited circumstances, such as under diversity jurisdiction or when state law claims are "pendent" to federal claims.
Exclusive jurisdiction: Certain types of cases can only be brought in federal court, such as bankruptcy cases and patent infringement claims.
Concurrent jurisdiction: Many cases fall under both federal and state jurisdiction, giving the plaintiff the choice of filing in either court.

Understanding the complexities of federal court jurisdiction law can be challenging. If you have a specific legal issue, it's crucial to consult with an attorney to determine the proper court venue and optimize your legal strategy.

Here are some additional resources you may find helpful:

U.S. Courts website: https://www.uscourts.gov/
Cornell Law School - Jurisdiction Resource Page: https://www.law.cornell.edu/wex/subject_matter_jurisdiction
American Bar Association - Federal Courts Section: https://www.americanbar.org/"

Google Bard

Outcome: 12/08/2023 31 CONSENT ORDER Remanding case to State Court. Signed by Judge Michael A. Shipp on 12/7/2023. (amv) (Entered: 12/08/2023)
12/08/2023 32 Transmittal Letter for remanded case to Middlesex County Courthouse
*56 Paterson Street
New Brunswick, NJ 08903 State No: L1676-23. Mailed certified copy of the Order remanding case. (amv,n.m.) (Entered: 12/08/2023)
12/08/2023 ***Civil Case Terminated. (amv) (Entered: 12/08/2023)

Plaintiff's Experts:

Defendant's Experts:

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