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<title>Wrongful Death - New Jersey Accident and Injury Law Blog</title>
<link>http://injurylaw.grossmanjustice.com/articles/motor-vehicle-accidents/</link>
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<copyright>Copyright 2008</copyright>
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<pubDate>Thu, 18 Dec 2008 09:14:32 -0500</pubDate>
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<title>Bar Loses Appeal for Failing to Prevent New Jersey Car Accident</title>
<description><![CDATA[<p>&nbsp;A New Jersey go-go bar has lost its appeal to hold on to its liquor license in the aftermath of an <a href="http://www.grossmanjustice.com/lawyer-attorney-1236317.html">automobile accident </a>that killed two people back in 2000.&nbsp;The bar, Cheerleaders located in Brooklawn, had its appeal overturned, and an earlier decision to repeal its license by the Alcoholic Beverage Control division in New Jersey, was upheld.&nbsp;Cheerleaders has about six months to sell off its license, and pay a fine to ABC.</p>
<p style="margin: 0in 0in 0pt">The <a href="http://www.newsday.com/news/local/wire/newjersey/ny-bc-nj--fatalcrash-bar1114nov14,0,6918200.story">case </a>goes back to April 2000, when a patron at the bar, 23-year-old Humberto Herrera-Salas was served alcohol even after it was obvious that he was intoxicated.&nbsp;Other regulars at the bar were quick to notice that Herrera-Salas was already drunk as he walked into the bar, and drunk driving experts later calculated that his blood alcohol level had to have been at least .18 by the time he entered Cheerleaders.&nbsp;At the bar, Herrera-Salas went on to down three shots of tequila and three beers.&nbsp;When it became obvious that he was too intoxicated to be hanging around the bar any longer, employees forced him outside, and even called a cab to drop him home.&nbsp;</p>
<p style="margin: 0in 0in 0pt">&nbsp;</p>
<p style="margin: 0in 0in 0pt">What happened next seems to have been the crux on which the appellate court upheld the decision to repeal the bar license.&nbsp;The employees should have made sure that Herrera-Salas was safely inside the car, and on his way home. Instead, they left him to his own devices, and went back inside the establishment.&nbsp;Herrera-Salas, too drunk to care, simply got into his car, and sped out of the parking lot. &nbsp;A few minutes later, he was driving south in the northbound lanes of Route 130.&nbsp;The car accident when it did occur, was devastating in impact.&nbsp;Herrera-Salas' car crashed head on into a vehicle carrying a couple from Gloucester City. Patricia and Robert Reed were killed in the crash, and at least two passengers in their car were seriously injured.&nbsp;</p>]]><![CDATA[<p>&nbsp;</p>
<p style="margin: 0in 0in 0pt">Tests after the car accident revealed that Herrera-Salas' blood alcohol level was close to .28, almost three times the limit of .10.&nbsp;&nbsp; He was sentenced to 22 years in prison.</p>
<p style="margin: 0in 0in 0pt">&nbsp;</p>
<p style="margin: 0in 0in 0pt">It's evident that the staff at Cheerleaders was negligent in its responsibility, and that the establishment deserved the repealing of its license. Dram shop liability laws allow an injured person of the family of someone who has died in a drunk driving accident, where it can be proved that the establishment in question continued to serve alcohol even after being aware that the driver was intoxicated, to seek <a href="http://www.marininstitute.org/alcohol_policy/dramshop.htm">compensation</a> from the establishment for their suffering.</p>
<p style="margin: 0in 0in 0pt">&nbsp;</p>
<p style="margin: 0in 0in 0pt">Throughout the country, drunk driving is one of the major causes of auto accidents, causing hundreds of injuries and fatalities every year. New Jersey is no exception.&nbsp;Although we have been fortunate enough to witness a steady <a href="http://www.alcoholalert.com/drunk-driving-statistics-new-jersey.html">drop</a> in our drunk driving accident rates, we still have a lot to do to deal with this menace.&nbsp;What we need is a combined initiative that includes all levels of society, including the establishments that serve alcohol to their customers.&nbsp;There's only so much that <a href="http://www.grossmanjustice.com/lawyer-attorney-1236317.html">New Jersey car accident lawyers</a>, the police and courts can do to tackle this problem.</p>]]></description>
<link>http://injurylaw.grossmanjustice.com/2008/12/articles/motor-vehicle-accidents/bar-loses-appeal-for-failing-to-prevent-new-jersey-car-accident/</link>
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<category>Bergen county bar lawyer</category><category>DUI / DWI</category><category>Monmounth county bar attorney</category><category>Motor Vehicle Accidents</category><category>New Jersey Case Law</category><category>New Jersey bar liability</category><category>New Jersey bar negligence</category><category>New Jersey car accident attorneys</category><category>New Jersey car accident lawyers</category><category>Personal Injury Law</category><category>Wrongful Death</category>
<pubDate>Mon, 01 Dec 2008 13:01:57 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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<title>Motorcycle Accident Results In Traumatic Injuries</title>
<description><![CDATA[<p>Motorcycle accidents and related fatalities and traumatic injuries is a serous problem in both New Jersey and our neighboring states. A recent article from <a href="http://www.nj.com/expresstimes/stories/index.ssf?/base/news-0/121246593444010.xml&amp;coll=2">The Express-Times</a> reports a 27 year old was recently riding his motorcycle south on Route 611 about 2 a.m. when he veered into the northbound lane and crashed into a curb apparently suffering serious injuries. The police do not know what caused the rider to crash into the curb and the crash is under investigation. </p>
<p>&nbsp;As <a href="http://www.grossmanjustice.com/lawyer-attorney-1236591.html">Monmouth County and New Jersey motorcycle accident attorney</a> I have witnessed first hand the devastating life altering effects of motorcycle crashes. In this particular situation there could be many factors that made the rider swerve into the opposite lane leading him to strike the curb. What ever the cause of the accident may be, drivers on the road have to make sure they are careful around motorcycle riders. A simple act of having your high beams on can blind a driver and when the driver is a motorcycle rider they can more easily lose control and crash. One way to simply lower the motorcycle fatalities is to always keep a safe distance between your vehicle and the motorcycle and always proceed with caution before entering into a turn or a lane change. Motor vehicle drivers can do their part by being more responsible on the road and hopefully motorcycle riders will do their part by taking the right safety precautions. </p>
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<link>http://injurylaw.grossmanjustice.com/2008/06/articles/motorcycle-accidents/motorcycle-accident-results-in-traumatic-injuries/</link>
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<category>Monmouth County Motorcycle accident attorney</category><category>Monmouth County Motorcycle accident lawyer</category><category>Motor Vehicle Accidents</category><category>Motorcycle Accidents</category><category>New Jersey Motorcycle accident attorney</category><category>New Jersey Motorcycle accident lawyer</category><category>Personal Injury Law</category><category>Spinal Cord Injury</category><category>Traumatic Brain Injury</category><category>Wrongful Death</category><category>motorcycle fatality</category>
<pubDate>Sun, 08 Jun 2008 20:55:01 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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<title>Alcohol Related New Jersey Car Accident Leaves Grocery Shoppers Injured</title>
<description><![CDATA[<p>We all know that drinking and driving often results in death, serious injury or the destruction of life.&nbsp; A recent <a href="http://abclocal.go.com/wpvi/story?section=news/local&amp;id=6182688&amp;pt=print">local news story</a> reported an accident in South Jersey recently sent several innocent grocery shoppers to the hospital. A car spun out of control and slammed into 3 people - two of them were in wheelchairs. The police are saying the driver was intoxicated when she crashed into pedestrians on a Shoprite sidewalk in front of the store.</p>
<p>&nbsp;As a <a href="http://www.grossmanjustice.com/lawyer-attorney-1236317.html">Monmouth County and New Jersey car accident attorney</a> I have represented hundreds of victims that suffered critical injuries because of alcohol related car accidents.&nbsp; This news story above highlights a all too common scenario whereby alcohol appears to have impaired this driver&rsquo;s sense of judgment. The alleged intoxicated driver may have destroyed the lives of these innocent grocery shoppers who never would have imagined that they would fall victim to a drunk driver while going through their normal every day routine of pushing their grocery carts at their local supermarket.&nbsp; Drinking and driving frequently leads to victim's extreme suffering.&nbsp; I have witnessed first hand clients that have suffered at the hands of drunk drivers&rsquo; : traumatic brain injury, loss of limbs, spinal cord injuries including paralysis fractures, herniated disc injuries leading to spinal fusion or inter-body fusion surgery and a myriad of other life altering injuries and even death.&nbsp; So as a seasoned New Jersey and Monmouth County accident attorney lawyer I can attest unequivocally that alcohol mixed with driving of motor vehicles, motorcycles or trucks many times equates with the total destruction of innocent life and also destroys both individuals and their families.&nbsp; We can significantly reduce the number of serious injuries and fatalities in New Jersey by never ever driving while intoxicated or in any way impaired. &nbsp;<br />
</p>]]></description>
<link>http://injurylaw.grossmanjustice.com/2008/06/articles/motor-vehicle-accidents/alcohol-related-new-jersey-car-accident-leaves-grocery-shoppers-injured/</link>
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<category>Bergen County car accident attorney</category><category>Bergen County car accident lawyer</category><category>DUI / DWI</category><category>DWI and auto accidents</category><category>DWI and its victims</category><category>Motor Vehicle Accidents</category><category>Motorcycle Accidents</category><category>New Jersey alcohol related accident</category><category>New Jersey car accident lawyer</category><category>New jersey car accident attorney</category><category>Passaic</category><category>Passaic County car accident attorney</category><category>Personal Injury Law</category><category>SUV Rollovers</category><category>Spinal Cord Injury</category><category>Traumatic Brain Injury</category><category>Truck Accidents</category><category>Wrongful Death</category><category>accident</category><category>car</category><category>county</category><category>lawyer&quot;</category><category>monmouth county car accident attorney</category><category>monmouth county car accident lawyer</category><category>new jersey auto accident attorney</category>
<pubDate>Sun, 08 Jun 2008 20:06:24 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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<title>The Number of Traffic Fatalities in New Jersey Are Down</title>
<description><![CDATA[<p>New Jersey traffic accident related fatalities have statistically decreased by 17 percent over the past 12 months however, the actual number of deaths remains at an unacceptable horrifying 207 between January 1st and May 17 of this year. These statistics were reported in a recent <a href="http://www.nj.com/sunbeam/stories/index.ssf?/base/news-3/121161722114510.xml&amp;coll=9">Today&rsquo;s Sunbeam</a> article that interviewed New Jersey State Police Colonel Rick Fuentes. Fuentes stated&hellip;&ldquo; As alcohol related crashes make up a large percentage of fatalities, the focus of our communities must be first devoted to both deterrence of drinking and driving and secondly to the enforcement of DWI related offenses.&nbsp;</p>
<p>State Police Deputy Superintendent of Operations Juan Mattos said, &quot;Four of the seven fatal motor vehicle accidents on Memorial Day 2007 were alcohol related. This is a pointless waste of lives we will attempt to avoid by relentlessly pursuing intoxicated drivers.&quot; Superintendent Fuentes added &quot;We can only do so much to encourage safe behavior. In the end, New Jersey's drivers must decide to act responsibly.&quot; </p>
<p>As a <a href="http://www.grossmanjustice.com/lawyer-attorney-1236317.html">Monmouth County and New Jersey auto accident lawyer attorney</a>, I have witnessed over the past decade the horrific shattering of lives far too often as the direct result of alcohol consumption while driving cars, trucks and motorcycles.&nbsp;Obviously, we should never ever drink and drive. More safety tips can be found at The <a href="http://www.brakesonfatalities.org/safety.html">American Society&nbsp;of Civil Engineers</a> link&nbsp;and I hope this information will be useful and if applied may even help to reduce the number of traffic related fatalities and severe injuries. </p>]]></description>
<link>http://injurylaw.grossmanjustice.com/2008/05/articles/motor-vehicle-accidents/the-number-of-traffic-fatalities-in-new-jersey-are-down/</link>
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<category>DUI / DWI</category><category>Motor Vehicle Accidents</category><category>Motorcycle Accidents</category><category>Personal Injury Law</category><category>SUV Rollovers</category><category>Safety Issues</category><category>Traumatic Brain Injury</category><category>Truck Accidents</category><category>Wrongful Death</category><category>car accident fatality</category><category>car crash fatalities</category><category>death from car accident</category><category>death from truck accident</category><category>monmouth county auto accident attorney</category><category>monmouth county car accident attorney</category><category>monmouth county car accident lawyer</category><category>new jersey auto accident attorney</category><category>new jersey traffic related fatalities</category><category>truck accident fatality</category>
<pubDate>Thu, 29 May 2008 21:48:17 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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<title>Calling all victims of chain pharmacy errors: tell me your story</title>
<description><![CDATA[Late last week, a friend of mine called the office to tell me about a co-worker who fell victim to the ever-increasing incidence of pharmacy error. The co-worker, let&rsquo;s call her &ldquo;Janet,&rdquo; hadn&rsquo;t been feeling well and visited her physician, who diagnosed a common infection and prescribed a course of antibiotics. Janet filled the prescription at her local chain pharmacy located in Western Monmouth County. Within a day or two after starting the medication, Janet was feeling increasingly sicker, and at one point, thought she was having a stroke, as one side of her body lost all sensation. Janet&rsquo;s husband rushed her to the emergency room; at first, the ER doctors thought she was suffering from a rare allergic reaction to the antibiotic, but soon learned that the pharmacy filled the prescription with the incorrect dosage, double the dosage originally prescribed by the doctor!]]>After a few days in the hospital, the drug was flushed out of her system and thankfully Janet was discharged from the hospital and did not suffer any permanent damage. My friend suggested she call me to talk about her experience, something she was not comfortable doing. I respect that, as I am sure she wants to leave the experience in the past, but I cannot stress enough the importance of reporting these types of errors. 

Pharmacy errors happen all the time, and while many of them do not result in permanent injury, plenty of them can and do. I believe that there is great value to you, the prescription-consuming public, to report every occurrence of pharmacy error and invite anyone who has experienced pharmacy error, whether it be a dosage error, a dispensing error, or an error in how to take a medication, to write me (anonymously is okay) here at the blog and share your story. (You can, of course, call me for a free, confidential consultation, as well). There is power in information and power in numbers. The more anecdotal evidence we can compile about this often swept-under-the-rug threat to public safety, the more ammunition we will have to demand more accountability, and obtain better more effective safeguards and protections.</description>
<link>http://injurylaw.grossmanjustice.com/2007/10/articles/pharmacy-error/calling-all-victims-of-chain-pharmacy-errors-tell-me-your-story/</link>
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<category>Consumer Safety</category><category>Medical Malpractice</category><category>Patients&apos; Rights</category><category>Personal Injury Law</category><category>Pharmacy Error</category><category>Wrongful Death</category><category>dosage</category><category>error</category><category>injury</category><category>jersey</category><category>mistake</category><category>new</category><category>pharmacist</category><category>pharmacy</category><category>prescription</category><category>wrong</category>
<pubDate>Sun, 21 Oct 2007 20:03:50 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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<title>Pharmacy Error: A Silent (But Dangerous) Epidemic</title>
<description><![CDATA[<p>Tonight's <a href="http://abcnews.go.com/2020/">20/20 program</a> (see &quot;Tragic Mistakes&quot;) sheds light on what can only be called a silent epidemic of the occurrence of pharmacy errors across the nation. The segment featured the tragic story of a young mother who gave her four-month old daughter who was born prematurely what she thought was an anti-seizure medication. What she actually gave the infant was an adult dose of a diabetes medication, which left her daughter permanently disabled, unable to talk,&nbsp;walk or feed herself. Walgreen's, the national pharmacy chain, was responsible for the dispensing error, this act of negligence that caused irreparable harm. </p>]]><![CDATA[<p>This is not a new phenomenon. It happens more than you think. In an article published on <a href="http://www.msnbc.msn.com/id/13954142/">MSNBC.com</a> in the summer of&nbsp;2006, it was reported that each year, as many as 1.5 million Americans suffer illness, injury or death because of mistakes made in prescribing, dispensing and taking prescription drugs. And it has been estimated in a report published in 1999 by the Institute of Medicine of the National Academies that more than 7,000 people in the U.S. die annually from medication errors. </p>
<p>The problem is that&nbsp;when pharmacy errors happen, the national chains most often times strong arm the victims into signing confidentiality agreements so the public never knows the extent of the problem that is pharmacists' negligence. And, in 46 states across the nation, there is no requirement for drug stores to report pharmacy errors. </p>
<p>Pharmacy&nbsp;negligence is on the rise, especially among the nationally recognized chains, because the pharmacists working there are overworked, often pulling twelve hour shifts, and this pressure is leading to fatal mistakes. This is a classic example of how corporate profits, the need to boost them at all costs, trumps the public interest. </p>
<p>Even if pharmacy errors are reported to the pharmacy board of a given state, most states have enacted legislation protecting the data, treating it as privileged and confidential; therefore, not subject to discovery, use or subpoena, or admissible as evidence in any administrative, disciplinary, civil or other proceeding, except for internal review purposes. So essentially pharmacies across the nation get the green light to police themselves, a task at which they are failing, and no one else gets to know about it.</p>
<p>The intent of these protective laws is to encourage the reporting of such errors by the pharmacists themselves so that the industry&nbsp;can learn from these mistakes, thus reducing the incidence of misfills. While that may be a good objective, on the flip side, it also serves to completely insulate the public from vital information they need in order to protect themselves from egregious or repeat offenders. We need to strike some level of balance, to encourage safer practices, to encourage the reporting of incidence, and to keep the public informed and safe. </p>
<p>&nbsp;</p>
<p>&nbsp;</p>]]></description>
<link>http://injurylaw.grossmanjustice.com/2007/03/articles/pharmacy-error/pharmacy-error-a-silent-but-dangerous-epidemic/</link>
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<category>Medical Malpractice</category><category>Patients&apos; Rights</category><category>Personal Injury Law</category><category>Pharmacy Error</category><category>Traumatic Brain Injury</category><category>Wrongful Death</category>
<pubDate>Fri, 30 Mar 2007 22:36:45 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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<title>The Wrongful Death Action</title>
<description><![CDATA[<p><a href="http://www.grossmanjustice.com/wrongful_death.shtml">Wrongful death</a> is the term used when someone causes the death of another person. The death may be caused by the actions of someone or by their failure to act (neglect). Wrongful death is a civil action rather than a criminal action. Since the person killed (decedent) cannot file suit or collect damages, it is the family or representatives of the estate that do so. The intent is to recompense family members who have suffered monetarily and emotionally from the death. Damages can be assessed for lost wages and benefits, loss of companionship, and emotional pain and suffering caused by the trauma. If you believe that someone you love died resulting from the actions (or lack thereof), please contact <a href="http://www.grossmanjustice.com">The Law Offices of Scott D. Grossman, LLC</a> at (732) 625-9494 or toll free at (888) 899-9494.<br />
<a href="http://grossmanjustice.com/wrongful_death.shtml"><br />
</a></p>
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<link>http://injurylaw.grossmanjustice.com/2007/02/articles/wrongful-death/the-wrongful-death-action/</link>
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<category>Wrongful Death</category>
<pubDate>Sun, 11 Feb 2007 15:25:35 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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<title>Motor Vehicle Accidents-Leading Cause of Injury in Young People</title>
<description><![CDATA[Every year millions of people are injured in <a href="http://www.grossmanjustice.com/motor_vehicle_accidents.shtml">motor vehicle accidents</a>. Motor vehicle accidents are the leading cause of injury in the United States for people ages 1-34. <br />
<br />
Many vehicle manufacturers have made safety improvements to their vehicles including air bags, rollover bars, reinforced frames, better tires, etc. Additionally, many states have passed tougher drunk driving laws. As a result, many lives may have been spared. However, with an ever increasing number of vehicles on the road, motor vehicle accidents still occur with alarming frequency. In fact, according to the <a href="http://www.nhtsa.dot.gov/">National Highway Traffic Safety Administration</a>, every 10 seconds someone in the United States is involved in a car accident. <br />
<br />
If you have a young driver in your family, or a young person preparing to obtain his or her first driver's license, take a few moments with your child to obtain some really useful information from the <a href="http://www.state.nj.us/mvc/Licenses/FirstTime.htm">New Jersey Motor Vehicle Commission. </a><br />]]></description>
<link>http://injurylaw.grossmanjustice.com/2007/02/articles/motor-vehicle-accidents/motor-vehicle-accidentsleading-cause-of-injury-in-young-people/</link>
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<category>Motor Vehicle Accidents</category><category>Personal Injury Law</category><category>Spinal Cord Injury</category><category>Traumatic Brain Injury</category><category>Wrongful Death</category><category>Young Driver</category>
<pubDate>Sun, 11 Feb 2007 15:10:30 -0500</pubDate>
<author>scott@grossmanjustice.com (Scott Grossman)</author>

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