Jeffrey T. Kampf Promoted to Partner

Javerbaum, Wurgaft, Hicks, Kahn, Wikstrom & Sinins, P.C., is pleased to announce that Jeffrey T. Kampf, Esq., has been promoted to Partner. Mr. Kampf focuses his practice on a variety of personal injury matters.

“Jeff’s legal acumen, experience and client-focused attitude makes him an integral part of the Firm”, said Eric G. Kahn, Managing Shareholder.

Kampf has been certified by the State of New Jersey as a Civil Trial Attorney. His practice focuses on civil litigation. He has represented clients in a variety of areas, including personal injury, product liability, dental and legal malpractice, contract disputes, construction litigation and collections. He has tried cases in the New Jersey Superior Court, United States District Court for the District of New Jersey as well as in the Federal District Court for the Southern District of New York. He has appeared before the Appellate Divisions in both New York and New Jersey.

Prior to joining Javerbaum Wurgaft, Jeff was managing partner for the law firm of Jay and Kampf, LLC, representing a wide range of clients, including Zab Judah, the former Junior Welterweight Boxing Champion of the World. Before starting in private practice, he clerked for the Honorable Burrell Ives Humphreys, Assignment Judge for Hudson County. He is a Cum Laude graduate of Seton Hall University Law School and has his B.S. from American University. While at Seton Hall, he was an Editor of the Seton Hall Legislative Journal.

Boy Scouts Bankruptcy To Create Compensation Fund; Shorter Filing Deadline

On February 18, 2020, the Boy Scouts of America filed for bankruptcy protection as it faces hundreds of lawsuits brought by men who claim they were sexually abused as Scouts.

The bankruptcy filing should not preclude abuse survivors from receiving compensation if they file a claim.  Rather, the process is expected to create a fund from which victims can receive compensation.

“The bankruptcy filing does not alter our commitment to obtain justice for victims of sexual abuse at the hands of the Boy Scouts,” states, Eric G. Kahn of Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC.

“The forum may have changed, but our efforts will continue,” adds Javerbaum Wurgaft partner, Rubin M. Sinins.

Importantly, the bankruptcy filing is expected to set a new deadline by which claims must be made.  Therefore, if you or a loved one was sexually abused by someone associated with the Boy Scouts, please contact us to protect your rights.

Self-Driving Uber Car Kills Arizona Pedestrian

With technology ever changing, many have predicted the days of the space aged cartoon of the 70’s, The Jetsons are finally here.  The world in 2018 is not a cartoon and having a car that drives itself carries inherent danger.  Rideshare vehicles with an actual driver are dangerous enough, particularly when a company such as Uber or Lyft fails to adequately screen or train its drivers.  Rideshare giants like Uber need to understand that while autonomous vehicles may the future, as today’s fatal accident demonstrates, they are not the present.

http://money.cnn.com/2018/03/19/technology/uber-autonomous-car-fatal-crash/index.html

Uber has put in place self driving cars so they can eliminate their one key chief expense, drivers.  Profits over people is dangerous in any business, but experimenting with driverless cars on actual roads and highways used by motorists and pedestrians had deadly consequences.  Last night a woman simply walking across the road in the crosswalk was struck and killed by an self driving Uber car. Although Uber is allegedly cooperating with the Tempe, Arizona police, the question still exists why would a self driving car be on the road if such accidents can happen relatively early in their use? The only logical answer is Uber’s desire to maximize their profits at the expense of the public’s safety.  The public knows that GPS devices and mapping applications are not fully reliable.  Autonomous vehicles essentially rely on the same technology, and when you consider this fact,  the dangers of self driving vehicles are clear.

https://www.nytimes.com/?emc=na&eml_hdr=1&module=homepage&nlid=17273350

Ride-share companies and applications have been a wonderful concept that allows many travelers and people in need of rides to have a car at their fingertips. However accidents are bound to follow the use of a motor vehicle and initially Uber was not prepared for the insurance and the need that would follow. Early in it’s inception, class-action lawsuits were filed and many disputes erupted across the country as to what insurance coverage, if any, Uber would supply to their drivers and protect the innocent paying passengers. Although in many states, the laws have changed to mandate Uber produce certain insurance, it is essential that if anyone is injured in an accident, they immediately speak with an attorney who understands the complexities of ride-share vehicles and how the claims must be handled.

The Ride-Share Group of Javerbaum Wurgaft is dedicated to understand the complexities of ride share litigation and is on the cutting edge of handling Uber cases. Partners Lawrence Simon and Jeffrey Rizika handle these matters is New York and New Jersey respectively. Larry is not only the co chair of the ride share litigation group of the American Association for Justice, a national lawyers organization, (of which Jeff is also a group member), he is also a founding member of the Ride-Share Law Group, a collection of prominent personal injury attorneys throughout the country who have dedicated their profession to protecting those who are injured at the hands of others. Now, more than ever, the stakes are even higher due to self driving Uber cars as well as the tragic death of a pedestrian.

https://www.ridesharelawgroup.com/arizona-woman-killed-self-driving-uber-car/

Now is the time to reach out to Javerbaum Wurgaft, so that you and your family are protected. When life begins to resemble a cartoon, it is time to get serious and get protection.

Sexual Abuse of Students Continues in the News

Today we see yet another news report concerning alleged sexual abuse of students by teachers. At Javerbaum Wurgaft, we are dedicated to fighting for the victims of abuse and ending these unforgivable violations. Students are entitled to special protections from those who stand in the place of parents. Those who breach that sacred trust must be called to account. Partners Eric Kahn and Rubin Sinins fight for students’ rights. www.lawjw.com

midtown Manhattan law firm

Javerbaum Wurgaft takes Midtown Manhattan

By JW Law

Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C., is pleased to announce that the firm has moved its New York office to 589 Eighth Avenue, New York, NY 10018. The new, larger office space encompasses the entire 21st floor with approximately 4000 square feet and is situated just one block from the New York Times building, between Penn Station and Times Square.

Javerbaum Wurgaft partners, Lawrence M. Simon, Esq. and Christina Ctorides, Esq. will continue to be the firm’s resident New York Partners.

Simon concentrates his practice in truck, bus, motorcycle and auto litigation, as well as construction and premises liability matters. Ctorides focuses her practice on matters of medical malpractice and nursing home neglect. Both Simon and Ctorides are admitted to the State Courts of New York and New Jersey as well as the U.S. District Courts for the Eastern and Southern Districts of New York, and the District of New Jersey.

The move is one of the law firm’s major ventures within the New York City market.

“This move represents our commitment to our New York clients. The additional space gives the firm the flexibility to grow well into the future and also allows us to be well-positioned to assist our clients in the ever-changing practice of law,” said Simon.

About Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins P.C.:

Founded in 1978, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C. is a litigation boutique with numerous attorneys certified by the Supreme Court of New Jersey in civil trial practice, criminal trial practice and workers’ compensation matters.

In addition to New York, the firm boasts seven New Jersey locations, with offices in Springfield, Newark, Freehold, Jersey City, Mt. Laurel, Hackensack, and Elizabeth, as well as an office in Atlanta, Georgia. The firm offers a broad array of legal services including personal injury, criminal defense, workers’ compensation and numerous other litigation specialties.

David Wikstrom’s $2.7 million settlement for a man who lost his arm in a sausage manufacturing plant accident was highlighted in the “Ten More Awards Worth Noting” sub-section

Attorney David Wikstrom’s $2.7 Million Product Liability Settlement Recognized in New Jersey Law Journal’s Special Section

By JW Law

 

Date: May 2017

 

Attorney: David Wikstrom

 

Award: $2.7 Million

 

On August 28, 2017, the New Jersey Law Journal published its annual “Top 20 Personal Injury Awards of the Year” special section, which identifies the largest reported personal injury awards for the year. Attorney David Wikstrom’s $2.7 million settlement for a man who lost his arm in a sausage manufacturing plant accident was highlighted in the “Ten More Awards Worth Noting” sub-section. The $2.7 million settlement was one of the thirty largest settlements or jury verdict awards in New Jersey for the period of August 20, 2016, and August 21, 2017.

The case:

In 2013, Tulio Martinez-Carassco, an employee of Ronell Management was hired to clean food preparation equipment at Premio Foods in Hawthorne.

Martinez-Carassco was working on a large mixing and blending machine which included large metal paddles spinning around a large bowl to mix sausage filling. As he reached under the bowl with a hose to spray down the discharge door at the bottom of the mixer, he slipped causing his hand to be pulled into the mixer. As a result, his left, nondominant hand was severed from his arm. The doctors were unable to reattach the severed arm surgically and had to perform an amputation below his elbow.

The lawsuit named Premio and included products liability claims against Apache Stainless Steel, the machine’s manufacturer. The suit also named Ronell claiming that “the workers’ compensation bar to recovery should not apply because Martinez-Carassco was directed by his employer to clean the mixer with the paddles turning, posing a substantial certainty of injury,” Wikstrom told the Law Journal.

The suit claimed that two separate safeguard devices designed to prevent the paddles from spinning when the discharge door was open, were bypassed and disabled. “One such device required the user to access a control panel several feet away and depress two buttons simultaneously for the paddles to function with the discharge door open” Wikstrom added.

Apache contended that the mixing machine was built with proper safeguards, but Martinez-Carassco contended that the design did protect against certain misuses, according to Apache’s attorney.

The attorneys said a 2003 email from Premio to Apache demonstrated that Premiohad disabled the safeguards and was aware for the ten years leading up to the accident that the machine was being operated without guards.

The parties settled two days before trial through mediation. Premio agreed to pay $2.5 million; Ronell and Apache, $100,000 each for the damages.

 

 


New Jersey Attorney David Wikstrom’s $2.7 Million Product Liability Settlement in NJLJ Annual “Top 20 Personal Injury Awards of the Year” Section

The takeaways:

Workplace injuries are among the most common grounds for personal injury claims. According to the latest U.S. Bureau of Labor Statistics, in 2015 New Jersey’s private industry employers reported 72,000 nonfatal workplace injuries and illnesses, resulting in an incidence rate of 2.7 cases per 100 equivalent full-time workers.

Martinez-Carassco case, said Wikstrom, demonstrates the importance of workplace safety.

How to protect yourself from workplace injuries?
• Never take a risk that is outside your safety protocol. Most construction accidents can be avoided if the worker a) follows Occupational Safety and Health Administration (OSHA) safety protocols
and b) follows the safety protocols of the general contractor.
• Always use your safety equipment. If you feel you need more safety equipment, ask your safety foreman.
• Never work on machines that have safety guards dismantled or bypassed. The safety guards on machines are designed for the safety of the worker.

Even when companies take appropriate workplace safety precautions, accidents happen. How employers respond to these accidents can make all the difference.

In most cases, employers, insurers, and their lawyers tend to use deceptive tactics to avoid paying compensation to the injured worker. Some of them include: blaming the victim for the accident, denying claims altogether, delaying the legal proceedings, using out of context recorded statements, refuting the cost of treatment and advising the victim to see the company doctor.

Having an experienced lawyer by your side from the very beginning can help you successfully challenge the strategies and arguments employers and insurers use to avoid paying the compensation you deserve. Javerbaum Wurgaft’s Personal Injury and Workers’ Compensation attorneys know precisely how employers and insurance companies work, what strategies they use and how to tackle them effectively.

“Defense attorneys in product liability and workplace safety cases often try to blame each other or the plaintiff as the cause of the accident. As attorneys for the plaintiffs, we combat these arguments utilizing experts and government documents and standards such as from OSHA,” added Wikstrom.

[Read Related: Recognized for $4.65 Million Combined Settlement in Drunk Driving and Dram Shop Claims]
Personal Injury and Insurance Attorney in New Jersey

Javerbaum Wurgaft Adds New Attorney in New Jersey

By JW Law

Javerbaum Wurgaft is pleased to announce that Sarabraj S. Thapar, Esq. has joined the firm as an associate attorney in Jersey City, New Jersey. Thapar is an accomplished trial attorney and has an extensive experience in handling personal injury and insurance matters.

Thapar joins the firm after working for a prominent insurance defense firm. During his tenure as an insurance defense attorney, Thapar won 18 out of 19 trials for his clients. He has also lectured at various insurance defense seminars and mentored new attorneys. He received the Bravo Award from Liberty Mutual for his outstanding trial work in 2015 and 2016.

Personal Injury and Insurance Attorney in New Jersey

Thapar has a double major in Business Economics and Criminal Justice from Rutgers University-New Brunswick where he graduated with Honors. He received his law degree
from The Maurice A. Deane School of Law at Hofstra University. Upon his graduation, Thapar interned for Judge Donald Venezia where he handled criminal matters.

He is a member of the New Jersey Bar Association, Essex County Bar Association, Young Lawyers Division- Essex County and Sikh American Chamber of Commerce.

A native of West Orange, New Jersey, Thapar is a former assistant wrestling coach at West Orange High School where he has been coaching mock trials since 2012. Thapar is fluent in Hindi.

[Read Related: Retired Superior Court Judge Joseph Conte Joins Javerbaum Wurgaft’s Alternative Dispute Resolution Practice]

Retired Superior Court Judge Joseph Conte Joins Javerbaum Wurgaft’s Alternative Dispute Resolution Practice

By JW Law

Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, P.C., one of New Jersey’s leading law firms, is pleased to announce that Joseph S. Conte, former Judge of the Superior Court of New Jersey, has joined the firm as Of Counsel in the firm’s newly opened Hackensack office.

Judge Conte brings 20 years of experience as a Superior Court Judge to his current practice focusing on mediation, land use cases, and commercial real estate matters.

“I am excited to be a member of the firm. I am looking forward to many years of helping the clients and resolving cases as a mediator,” said Judge Conte.

During his tenure on the bench, Judge Conte served both in the civil and criminal divisions. He presided over a range of civil jury trials and cases including personal injury, medical malpractice, professional malpractice and employment discrimination. He also managed and presided over a large number of criminal cases including four death penalty cases and over 25 murder cases. When new legislation was passed for Sexually Violent Predator cases, Judge Conte was the first and only Judge assigned for the entire state of New Jersey.

 Retired Superior Court Judge Joseph Conte Joins Javerbaum Wurgaft's Alternative Dispute Resolution Practice

“We are honored to have Judge Conte join our firm,” said Eric Kahn, Managing Partner at Javerbaum Wurgaft. “His extensive experience and deep legal knowledge will be a tremendous asset to both our clients and our attorneys.”

Prior to his appointment to the Superior Court, Judge Conte was engaged in the practice of law in Paramus, NJ. He served as a municipal court judge for the municipalities of Ringwood, Upper Saddle River, Wallington and Rochelle Park. He also served as a Public Defender for the Borough of Paramus, attorney for the Paramus library board and Special Borough Attorney for the Borough of Ringwood.

Most recently he was appointed as an advisor to the Instituto de Seguridad y Proteccion of the Sistema Universitario Ana G. Mendez. He provided services including guidance, discipline or supervision, educational programs to improve the current training and future sufficient or appropriate training of the Puerto Rican Police Department, to eliminate civil rights violations that were identified in a report of the United States Department of Justice Civil Rights Division dated September 5, 2011 (investigation of the Puerto Rico Police Department) and other counseling to improve the department.

Judge Conte is a graduate of the University of Dayton with a degree in Accounting and a graduate of Cleveland University Marshall Law School.