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NJ Personal Injury Claim Dismissed in Appeals Court

Posted by Carmine R. Villani | Dec 26, 2014 | 0 Comments

NJ personal injury claims can get complicated and be easily dismissed without qualified legal guidance. One suit was recently overturned in an appeals court based on an inability to prove that the defendant should be held responsible for an injury that occurred at a high school baseball game.
According to the report, a woman was struck in the face by an errant throw prior to a high school baseball game and sued the school based on its inability to provide what she believed to be reasonable protection for fans. However, the appeals court did not agree that the school's failure to protect fans with a fence was unreasonable.
Even with an expert opinion that the school should be held responsible for the baseball-related injury, the appeals court disagreed.
“[The] coach and the school's athletic director did not follow any safety protocol that is the standard of care published by every baseball league manual throughout New Jersey and the United States,” the expert said, according to the opinion.
The court disagreed with the expert because the opinion was not persuasive enough.
“Although the expert's report is lengthy, it is patently clear that he never identifies an actual standard for when a ball field is dangerous for purposes of the Tort Claims Act,” the judges said.
If you were recently injured, and you believe someone else's actions (or lack thereof) led to the accident occurring, call a personal injury lawyer in New Jersey. Although personal injury claims can be complicated and there are no guarantees, your case can only be made stronger with experienced attorneys.
A NJ personal injury claim needs to be taken seriously. Make sure a NJ personal injury lawyer with relevant experience is representing you. Contact Villani & DeLuca today for a free consultation.

About the Author

Carmine R. Villani

Founding partner, Carmine Villani, Esq. is a former municipal prosecutor with over three decades of experience in Criminal and DWI Defense.


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