Posts Tagged ‘car accident’

No Parental Immunity for Father Who Failed to Rescue Son from Fatal Fire

Wednesday, April 29th, 2009

Christopher J. Hanlon, Esq., a Personal Injury Attorney

A father’s failure to remove his child from a car before it burst into flames falls outside the exercise of child-rearing philosophy which the parental-immunity doctrine is intended to protect, a state New Jersey appeals could held.

The three-judge Appellate Division panel reinstated a dismissed wrongful death suit by the boy’s mother and ordered a new trial on whether the father’s actions were negligent.

“This case simply involves a father exposing his son to the risk of injury by not removing him from the car before the fire erupted,” Judge Marie Simonelli wrote for the court.

According to the opinion, Jasford Wiggin was driving his BMW on Route 78 in Springfield on June 17, 2004, when he smelled smoke, pulled onto the shoulder and got out to inspect his car, leaving his 4-year old son, Joseph, strapped in his car seat.  The car burst into flames a moment later.

Wiggan moved to dismiss the suit by the mother.

Superior Court Judge Marianne Espinosa granted the motion, saying the decision to leave the child in the car “falls within the area of circumstances where there should e no judicial intrusion upon his decision.”  On appeal, counsel argued that the decision by the boy’s father had nothing to do with providing for Joseph’s emotional or physical needs or fostering his well-being.

The Appellate Division agreed, citing that parental immunity is “abrogated to customary child care” but not where failure to supervise rises to the level of “willful or wanton misconduct.”

“This was not a matter of customary child care, discipline or supervision.  It had no connection whatsoever to any unique philosophy of child-rearing, nor was it designed to promote Joseph’s physical, moral, emotional and intellectual growth.”  For more information, please contact Christopher J. Hanlon, Esq. or Lauren Bercik, Esq. at 732-863-9900.

Car Accidents Occur Every Ten Seconds

Friday, August 1st, 2008

For more information on car accident cases, click here.

There is an automobile accident every 10 seconds of every day in America, over 6 million every year. Every 13 minutes there is a death caused by a motor vehicle accident. These car accidents cause over 40,000 deaths and 3 million injuries each year. Because New Jersey’s highways are so heavily traveled, a disproportionate number of these accidents occur in our state. Medical bills, lost wages, physical incapacity, rehabilitation and future healthcare may seem insurmountable obstacles, especially when confronted with dealing with the other driver’s insurance company.

In New Jersey, when a loved one dies because of the carelessness of another, the survivors may be entitled to damages.
In New Jersey, the verdict or judgment of the court trying the case includes, but may not be limited to, damages for the following:

1.  Sorrow, mental anguish, pain and suffering which may include society, companionship, comfort, guidance, and advice of the decedent;

2.  Compensation for reasonably expected loss of (i) income of the decedent and (ii) services, protection, care and assistance provided by the decedent;

3.  Expenses for the care, treatment and hospitalization of the decedent incident to the injury resulting in death;

4.  Reasonable funeral expenses; and

5.  Punitive damages may be recovered in New Jersey for willful or wanton conduct, or such recklessness that demonstrates a conscious disregard for the safety of others.
 
You can send a confidential message to Christopher J. Hanlon right now or call at 732-863-9900 Ext. 108, about a wrongful death claim or lawsuit because of a death related accident.