Year: 2020

Hudson Bus Accident Attorney

Greenberg Minasian Settles on Behalf of Injured Bus Accident Client for $1.25 Million

A man who suffered a traumatic brain injury when the bus he was riding in collided with a car was paid a $1.25 million settlement in his Hudson County suit, Boutin v. Montoya, on October 30th.

Clinton Boutin of New York was riding in a Yep Tours bus on 12th Street in Jersey City on July 6, 2017, when the bus collided with a Honda Accord, then struck a lamppost. The accident occurred when a car attempted to make a left turn from the right lane, said Boutin’s lawyer, Lawrence Minasian of Greenberg Minasian in West Orange.

Yep Tours is a low-cost carrier that offers service between New York’s Chinatown and the Chinatown section in Philadelphia, said Minasian.

Boutin, 47, a financial analyst, claimed he sustained a closed-head injury, herniation with cervical radiculopathy at C5-C6, and multiple bulging discs, as well as tears in the right shoulder joint. Boutin suffers headaches, fatigue, slow mental processing, difficulty concentrating, and impaired verbal skills and visual memory following the accident, said Minasian.


Greenberg Minasian Settles Injury Case Against Trampoline Park for $1.25 Million

A lawsuit filed by a man who broke both his legs at a trampoline park, Vogt v. Rebounderz of Edison, settled for $1.25 million on Aug. 25.

The settlement resolves plaintiff Emil Vogt’s claims against Rebounderz Franchise Development and its owner, Yeglinksi Enterprises, filed in Middlesex County Superior Court.

According to to a statement from Vogt’s lawyer, Lawrence Minasian of Greenberg Minasian in West Orange: “Emil was injured in the area known as the Foam Pit, which consists of two side-by-side trampoline lanes with a pit of foam landing area. As Emil jumped from the trampoline attempting to vault into the pit, both of his feet became caught in the opening between the springs. When the trampoline launched him into the air, his feet became stuck, which snapped both of his legs in half.”

Robert Ballou of Garvey Ballou in Toms River, who represents Rebounderz, and James Murphy of Garrity Graham Murphy Garofalo & Flinn in East Hanover, who represents Yeglinski, didn’t respond to requests for comment.

Vogt alleged that, as he jumped toward the edge of the trampoline, his feet became caught in between the springs of the trampoline, and that he snapped his legs when vaulting upward, fracturing his right and left tibias and fibulas, and his right medial malleolus, which resulted in six surgeries to his legs. He has been unable to return to his job as a truck driver, according to Minasian.

Minasian said that the American Society for Testing and Materials standards govern trampoline manufacturers and states that, at recreational facilities, trampoline springs must be covered and never exposed. “Plaintiff alleged that both [defendants] were on notice of this problem and produced videos of the exposed springs. [Rebounderz] covered the springs with skirting that was attached via Velcro, and stated that when the Velcro detaches exposing the springs, it is the franchisee’s … responsibility to monitor the trampolines for exposed springs, and immediately address the issue by reattaching the Velcro. Plaintiff pursued a design defect products liability claim against [Rebounderz] and a negligent operations claim against [Yeglinksi Enterprises].”


New Jersey Leads the Fight Against Distracted Driving

In 2013, the New Jersey Legislature passed what many are calling “the toughest hands-free cell phone law in the nation.” On July 1, 2014, the new bill ( P.L. 2003, c.310 ) went into effect, amending New Jersey’s Cell Phone Law ( N.J.S.A. 39:4-97.3 ), which results in enhanced penalties for operating a motor vehicle while using a cell phone.

The new graduated fines for cell phone use while driving are nearly on par with DUI penalties and at least one provision is the same as a DUI charge. Here are the new laws that you need to be aware of:

  • Handheld cell phone use is prohibited. Hands-free devices are permissible.
  • Any texting or smart phone activity (such as playing video games) while driving is prohibited.
  • Drivers 21 and under with only a learner’s permit may not use any electronic device, including hands-free cell phone devices and even iPods

Penalties for violators are as follows:

  • $200 – $400 for a first offense
  • $400 – $600 for a second offense
  • Up to $800 for third and subsequent offenses including 3 points against license along with a possible 90-day license suspension

These new penalties now go hand-in-hand with New Jersey’s Kulesh, Kubert’s, and Bolis Law ( N.J.S.A. 2C:11-5 ).

This bill, which was amended two years ago, states that a driver could be charged with vehicular homicide if a death occurs due to a driver’s distracted cell phone use. Penalties would include a fine of up to $150,000 and prison time, similar to DUI manslaughter punishments.

One item the recent legislative session did not bring to the floor was the possible consequences of texting and driving while drunk. Statistically, the two activities combined make an extremely dangerous situation for both the driver and others on the road. Regardless if this measure is taken up in the future or not, New Jersey still remains a leader in protecting passengers and drivers on state roadways.

If you have any questions regarding the new NJ distracted driving laws that went into effect, contact our office at 973-325-7711.

RESOURCE:  Money’s Best Auto Insurance Companies of 2020