New Jersey Law of Personal Injury with the Model Jury Charges2

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Analyzes personal injury cases with a full text of model jury charges. Allows reader to evaluate, prosecute, defend & try any tort case by focusing on language the judge will use to instruct the jury.

ANALYSIS AND JURY CHARGES SIDE BY SIDE

New Jersey Law of Personal Injury collects and analyzes the leading personal injury cases and follows with the full text of the relevant Supreme Court sanctioned model jury charges. This novel organization allows the trial or appellate lawyer to evaluate, prosecute, defend and try any tort case by focusing on the language the judge will use to instruct the jury. New Jersey Law of Personal Injury will give readers current information in the easiest possible format. Cross referenced, completely updated, and heavily indexed, New Jersey Law of Personal Injury has become the authority in this area of practice.


Additional Information
SKU JPIF
Division Name New Jersey Law Journal
Volumes 1
Product Types Books
Brand New Jersey Law Journal
Publication Date September 28, 2018
Jurisdiction New Jersey
ISBN 978-1-62881-517-7
Page Count 648
Edition 2019
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You're reviewing:New Jersey Law of Personal Injury with the Model Jury Charges2
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Donald A. DiGioia
Donald A. DiGioia is Certified by the New Jersey Supreme Court as a Civil and Criminal Trial Attorney. Over the past 30 years Don has devoted his entire practice to trial law. He lectures on trial techniques at seminars throughout the State and has published writings, including a chapter in the recent volume, New Jersey Trial and Evidence (NJ ICLE, 2003). Don has been an adjunct professor at Seton Hall law School on trial advocacy topics. He is a member of the Association of Trial Lawyers of America - New Jersey (ATLA-NJ) and has served on the Board of Governors of that organization. An advocate of the American Board of Tiral Attorneys- North Jersey Chapter, Don is a member of the Union County Bar Association and has served on the Union County Judicial and Prosecutorial Appointment Committee. He has also been chair of the District XXII Ethics Committee and currently serves as an Ethics Master. He was named as Professional Lawyer of the Year by the Union County Bar Association in 2004. 
James Hely
James Hely was appointed judge of the New Jersey Superior Court,sitting in Union County, in July 2009. He is a former member of Weiseman Hely DiGioia in Mountainside, New Jersey, and was certified by the Supreme Court as a Civil Trial Attorney. He has been a frequent lecturer for the New Jersey Association for Justice (formerly ATLA-NJ), NJICLE, the Union County Bar Association, and the New Jersey Law . He has published other books and articles on trial practice in and other journals. In 1984, he and another attorney obtained the largest injury award in the history of New Jersey up to that time for a paralysis victim. In 1988, he achieved the first punitive damage award against the Audi 5000 for unintended acceleration. He has been an Executive Committee member of the New Jersey Association for Justice, a Master of the Richard J. Hughes Inns of Court, an Advocate of the American Board of Trial Advocates-North Jersey, and board of trustees member of the Union County Bar Association. He serves on the New Jersey Supreme Court Committee on the Rules of Evidence. Donald A. DiGioia, a member of Weiseman Hely DiGioia in Mountainside, New Jersey, is certified by the New Jersey Supreme Court as a Civil and Criminal Trial Attorney. DiGioia has been a practicing trial lawyer for more than 30 years. He lectures on trial techniques at seminars throughout the state and has published writings, including a chapter in the recent volume, New Jersey Trial and Evidence (NJICLE 2008). He has been an adjunct professor at Seton Hall University Law School on trial advocacy topics. He is a member of the New Jersey Association for Justice (formerly ATLA-NJ), and has served on the Board of Governors of that organization. An Advocate of the America Board of Trial Attorneys-North Jersey Chapter, he is a member of the Union County Bar Association and has served on the Union County Judicial and Prosecutorial Appointment Committee. A former Chair of the District XII. James Hely receives no compensation for his work on this text. All author royalties will be donated to charity.
Chapter 1
Negligence and Duty—General Concept

1-1 WHAT IS NEGLIGENCE?
1-2 EXISTENCE OF A DUTY—A MATTER OF LAW
1-3 FORESEEABILITY AS A FACTOR FOR THE JURY TO CONSIDER
1-4 ASSUMPTION OF RISK CONCEPT DISCARDED
1-5 PLAINTIFF’S BURDEN OF PROOF—PREPONDERANCE OF EVIDENCE
1-6 NET OPINIONS AND RES IPSA LOQUITUR—THE THING SPEAKS FOR ITSELF

1-6:1 Requirements Necessary to Invoke Res Ipsa

1-7 ACTS OF GOD
1-8 SUDDEN EMERGENCY CLAIMS
1-9 PARENTAL IMMUNITY AND ITS EXCEPTIONS
1-10 DUTIES VOLUNTARILY ASSUMED
1-11 PER SE NEGLIGENCE

Chapter 2
Proximate Cause

2-1 PROXIMATE CAUSE DEFINED

2-1:1 Required Proof of Proximate Cause—Routine Tort Case

2-1:2 Non-Routine Tort Case—Substantial Factor Test Where There are Concurrent Causes of Harm

2-2 SUGGESTIONS FOR FUTURE CASES
2-3 INTERVENING OR SUPERSEDING CAUSES
2-4 PROXIMATE CAUSE AND FORESEEABILITY—DO THEY BELONG TOGETHER?

Chapter 3
Comparative Negligence

3-1 BASIC STATUTORY PRINCIPLES

3-1:1 Action Against One Defendant

3-1:2 Action Against More Than One Defendant

3-1:3 Damage Reduction and Responsibilities

3-2 ULTIMATE OUTCOME—HOW THE JURY IS INSTRUCTED IN COMPARATIVE NEGLIGENCE CASES
3-3 COMPARATIVE NEGLIGENCE IN AUTO CASES
3-4 CHILDREN CHARGED WITH COMPARATIVE NEGLIGENCE
3-5 COMPARATIVE NEGLIGENCE AS TO A PASSENGER IN AN AUTO
3-6 INTOXICATION OF A PLAINTIFF AND COMPARATIVE NEGLIGENCE
3-7 PHYSICAL DISABILITY OR MENTAL IMPAIRMENT AND COMPARATIVE NEGLIGENCE
3-8 PEDESTRIANS ON A SIDEWALK AND COMPARATIVE NEGLIGENCE
3-9 INTENTIONAL ACTS AND COMPARATIVE NEGLIGENCE

Chapter 4
Damages in Personal Injury Cases

4-1 OVERVIEW

4-1:1 Actual Out-of-Pocket Losses

4-1:2 Unliquidated Damages

4-1:3 Remittitur and Additur

4-2 DISABILITY, IMPAIRMENT, LOSS OF ENJOYMENT OF LIFE, PAIN AND SUFFERING
4-3 PERMANENT INJURY, LIFE EXPECTANCY

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