Recent Posts

Bike Riding Safety Tips

There were more than 800 bicyclist deaths in 2015. While this number is not as high as, say, motorcycle accident fatalities, it is still much higher than it should be. Cyclists, motorists, and even pedestrians could stand to learn a few valuable bike riding safety tips. Thankfully, we are here to teach you how to stay safe while cycling. We are New Jersey’s premier wrongful death law firm and have learned a thing or two about safety over the years. Keep reading to find out valuable bike riding safety tips and don’t hesitate to call us today at 856-354-0900 if… Read More

When is An Injury a Workplace Accident?

Thirty-four percent of all Americans work in the ‘gig economy’. The 21st century has brought new technology, new opportunities, and new challenges. Work is as old as agriculture, but the working world of today is wildly different from what it was even ten years ago. Telecommuting, Uber, and the new definition of the workplace have impacted a wide variety of people. The challenges people have are reflected in the law. Case law is constantly developing, and lawmakers institute new statutes every day to try and keep up with the times. As workers’ compensation lawyers, we want to help you stay… Read More

Products Liability – Knowing & Preparing for NJ’s Successor Liability

New Jersey’s Successor Liability By: Esq. & Andrew J. Rossetti, Esq. What is Exactly Successor Liability? Your company is looking to acquire another entity’s assets. Consequently, in-house counsel has examined the purchase agreement to ensure it incorporates the general rule of successor liability: “where one company sells or otherwise transfers all its assets to another company the latter is not liable for the debts and liabilities of the transferor, including those arising out of the latter’s tortious conduct.”[1] In other words, if Company A sells or transfers all of its assets to Company B, then Company B is not liable… Read More

Bringing Title 59 Claims

Read more about the liability of Local and State Governments and evaluation of Title 59 Tort Claims. Presented by: Louis J. DeVoto, Esquire- Certified Civil Trial Attorney Past President, Trial Attorneys of NJ Presented for ICLE- New Jersey Law Center, New Brunswick, NJ October 29, 2015 Chapter 1: Legislative declaration, definitions and various provisions defining the scope of the Act. Chapter 2: Applies to public entities and establishes a presumption of immunity (including discretionary) unless liability is expressly allowed in the Act. Chapter 3: Applies to public employees and establishes a presumption of liability unless there is immunity. Chapter 4:… Read More

Cumberland County Jury Awards $486,000.00

Results may vary depending on your particular facts and legal circumstances. Bridgeton, New Jersey: A Cumberland County Jury returned a verdict of $486,000.00 in favor of a 35-year-old Millville resident for injuries she sustained in a car accident on April 20, 2004. Hence, the verdict was rendered after three days of trial before the Honorable Michael Brooke Fisher, JSC. Louis J. DeVoto of Rossetti & DeVoto, P.C. in Cherry Hill represented the plaintiff. What Happened in the Car Accident? Joanne Saduk was seriously injured on April 20, 2004 when the car she was driving was struck in the rear… Read More

$1.5 Million for Injured Motorcyclist

Results may vary depending on your particular facts and legal circumstances. The state of New Jersey pays $1.5 million to injured motorcyclist during the trial in 2008. Bridgeton, New Jersey. May 2008 The Case of Injured Motorcyclist The State of New Jersey paid $1.5 million to a motorcyclist injured in a crash with a State Trooper on October 18, 2005. However, the settlement occurred on May 15, 2008, after three days of trial before the Honorable Martin Herman, JSC in Cumberland County. Hence, Louis J. DeVoto of Rossetti & DeVoto, P.C. in Cherry Hill represented the plaintiff. Allegedly, Trooper… Read More

$1.5 Million Settlement Against Golf Course for Failure to Maintain Trees

Results may vary depending on your particular facts and legal circumstances. A $1.5 Million settlement was reached against a South Jersey Golf course after a 77 year-old man was seriously injured when a dead tree branch fell from 20 feet and struck him while he was playing golf. RD was able to get to the scene immediately after the incident. And, RD filed an emergent application with the court to grant us access to the course and to preserve the tree and tree limb as well as photograph the site. This proved invaluable in demonstrating that this was not an… Read More

$1.3 Million Settlement for Two Navy Recruits Injured in Crash

Results may vary depending on your particular facts and legal circumstances. A $1.3 million settlement was reached for two young Navy recruits who were both seriously injured when the driver of their vehicle, a Navy recruiter, pulled from a stop sign directly into oncoming traffic just after the recruits took and passed their entrance exam. The crash was severe. But, liability was under dispute as were the injuries. Andy Rossetti handled the case for RD. Moreover, he presented a complex accident reconstruction to the federal Judge during settlement negotiations in order to obtain this large settlement. The reconstruction was… Read More

$945,000 Recovered Against Product Manufacturer

Results may vary depending on your particular facts and legal circumstances. Read more about this almost a million-worth settlement against the product manufacturer. What happened? Rossetti & DeVoto recovered $945,000 for woman injured by a defective workplace machine causing amputation to her thumb. Andy Rossetti handled the case. RD’s 56-year-old client had her thumb amputated by an unguarded rotating shaft on a wave solder machine. She worked in a manufacturing plant. Her job was to shut down the machine by bringing the hot solder pot out of the machine and place a thermal blanket on top of the pot,… Read More

$1.9 Million Recovery in Wrongful Death

Results may vary depending on your particular facts and legal circumstances. Rossetti & DeVoto recovers $1.9 Million for wrongful death for the family of a 16-year-old autistic student whose tragic drowning death occurred while taking part in a weekly swimming class at the Burlington County Special Services School in Westampton, New Jersey. DeVoto on the Case of Wrongful Death Lou DeVoto handled this case of wrongful death for RD. Shortly after the drowning, DeVoto filed an emergent action in New Jersey Superior Court – Burlington County to compel the Burlington County Special Services School District to preserve and turn… Read More

$1,850,000 Settlement for Fractured Leg

Results may vary depending on your particular facts and legal circumstances. The County of Monmouth agrees to pay $1.85 Million for leg injuries sustained by a 62-year-old Cliffwood Beach resident. The resident suffered an injury in a crash with a Monmouth County Senior Citizen Transport Bus. Lou DeVoto handled the case for Rossetti & DeVoto. Find out more about this settlement for a fractured leg. What occurred? The defendant negligently pulled from a stop sign. Then, the defendant drove the bus directly into the path of RD’s client. RD’s client had no ability to avoid the crushing impact. While… Read More

$750,000 Medical Malpractice Verdict

Results may vary depending on your particular facts and legal circumstances. A Camden County Jury awarded $750,000 to a Rossetti & DeVoto client on October 10, 2013, after she sustained internal injuries during a c-section. Read more about this medical malpractice verdict. Rossetti on the Case Andy Rossetti tried the case for the firm in a trial that lasted two weeks before the Honorable Anthony Pugliese, J.S.C. Rossetti alleged that the doctor injured the small bowel during the c-section. Then, the doctor failed to identify the injury during the surgery. Her failure to protect the bowel resulted in the… Read More

The Art of Direct Examination

The Art of Direct Examination Presented for: National Business Institute Cherry Hill, New Jersey January 23, 2007 Presented by: Louis J. DeVoto, Esquire Rossetti & DeVoto, P.C. 20 Brace Road Suite 115 Cherry Hill, NJ 08034 856-354-0900 856-354-0920 fax www.RossettiDeVoto.com DIRECT EXAMINATION – AN IMPORTANT BUILDING BLOCK TO YOUR CASE FOUNDATION Direct examination is one of the most overlooked elements of a jury trial. Trial attorneys will often suggest that opening statements, cross examination and closing arguments are what win jury trials. But the case in chief, direct examination, is where you prove the case. If you… Read More

Medical Malpractice – The Affidavit of Merit Requirement

In this article, Louis J. DeVoto discusses the affidavit of merit. Furthermore, he also talks about the affidavit of merit requirement, as the title states. AFFIDAVIT OF MERIT Hot Tips for Civil Litigators ICLE- NJ September 17, 2011 Louis J. DeVoto ROSSETTI & DEVOTO, PC 20 Brace Road Suite 115 Cherry Hill, NJ 08034 856-354-0900 ldevoto@rossettidevoto.com I. History The Affidavit of Merit (AOM) was created in 1995 by the enactment of the Affidavit of Merit statute, N.J.S.A. 2A:53A-26A et seq. The statute has undergone some modifications since… Read More

Practical Tips For Jury Selection

Read more about some practical tips for jury selection or Voir Dire from Louis J. DeVoto. Practical Tips For Jury Selection Presented for: Institute For Continuing Legal Education-N.J. Voorhees, New Jersey March 20, 2010 Louis J. DeVoto ROSSETTI & DEVOTO, P.C. 20 Brace Road, Suite 115 Cherry Hill, New Jersey 08053 (856) 354-0900 www.rossettidevoto.com I Why Voir Dire is so important Despite the importance in selecting fair and unbiased jurors, it is perhaps the most overlooked part of a jury trial. The courts have treated the process as an inconvenience…. Read More

Lou DeVoto and Andy Rossetti Included in Best Lawyers 2017

Lou DeVoto and Andy Rossetti have been included for the 14th straight year in America’s Best Lawyers listing for Personal Injury Law in 2017.

Knowing and Preparing for New Jersey’s Successor Liability

Products Liability: Knowing & Preparing for NJ’s Successor Liability By: Andrew J. Rossetti, Esq. What is Exactly Successor Liability? Your company is looking to purchase another entity’s assets. Your in-house counsel has overlooked the purchase agreement and made sure it incorporated the general rule of successor liability: a company acquiring all of a seller’s assets shall not be liable for that seller’s debts and liabilities, including those arising out of tortuous conduct. You feel like you covered all of your bases, but are you really clear of all successor liabilities? The answer is NO…well, at least not in New Jersey…. Read More

Civil DWI Claims in New Jersey: Overlooked Causes of Action

Civil DWI Claims in New Jersey: Overlooked Causes of Action BY ANDREW J. ROSSETTI & SCOTT S. AMITRANO Rossetti is a partner, and Amitrano a law clerk in the Cherry Hill office of Rossetti & Devoto, PC With the consumption of alcohol goes the golden rule: “Don’t drink and drive.” But not everyone heeds this warning. Every year a result of drunk driving or DWI is the death of people. All too often a person who has had too many drinks decides to drive and injures himself, his friends, or innocent third parties. While most fingers point at the driver,… Read More

Product Liability Seminar

PRODUCT LIABILITY EARLY PRESERVATION OF EVIDENCE / EMERGENT APPLICATION / INVESTIGATION / SPOLIATION April 2, 2009 Presented by: Andrew J. Rossetti, Esquire Rossetti & DeVoto, P.C. PRODUCT LIABILITY – EARLY PRESERVATION OF EVIDENCE EMERGENT APPLICATION / INVESTIGATION / SPOLIATION In fact, companies must take measures to ensure the products they are producing aren’t faulty. Therefore, this means checking the design, getting the goods inspected during production (visit https://www.jonble.com/during-production-inspection/ to find out more about this), spot-checking each batch made, and much more. This is because if a product is faulty then it can cause serious harm to anyone who uses it…. Read More

Mediation – The Plaintiff’s Perspective

MEDIATION – THE PLAINTIFFS PERSPECTIVE PRODUCT LIABILITY: A Road Map to Mediation or trial March 11, 2006 New Jersey Law Center New Brunswick NJ Institute for Continuing Legal Education Seminar Presented by: Andrew J. Rossetti Rossetti & DeVoto P.C Preparing your client for mediation How is (s)he to dress? No body piercing, wild cloths etc. visual impressions last. Firstly, make sure they know the verdict ranges and settlement ranges. Secondly, make sure they know the costs involved in taking the case to trial. Then, stress this is a benefit to him/her, it is better than being sent into the hall… Read More

Selecting a Winning Jury

Selecting a Winning Jury Personal Injury Case Management for the Seasoned Litigator Presented by: Andrew J. Rossetti, Esquire Presented for: National Business Institute Cherry Hill, New Jersey November 29, 2007 I. Voir Dire in New Jersey? Despite the importance in selecting fair and unbiased jurors, that is, a winning jury, to determine the legal disputes of its citizens, New Jersey has treated this process into one of inconvenience and annoyance. In fact, as of January 22, 2007, Superior Court judges are required to employ the New Jersey Supreme Court’s “standards for jury selection.” Furthermore, the standards are taken from recommendations… Read More

Preparing and Using Demonstrative Evidence

PREPARING AND USING DEMONSTRATIVE EVIDENCE Essential Elements of Evidence March 3, 2007 Presented by: Andrew J. Rossetti, Esquire “What the ear may hear, the eye can see.” Dehanes v. Rothman, 158 NL 90,96 (1999). I. INTRODUCTION TO DEMONSTRATIVE EVIDENCE In fact, demonstrative exhibits and aids provide the means “[t]o clarify, to dramatize and to emphasize” critical evidence in a case. Mary Quinn Cooper, The Use of Demonstrative Exhibits At Trial, 34 TULSA L.J. 567 (1999) (quoting Celia W. Childress, Persuasive Delivery In the Courtroom 619 (1995)). While not always offered into evidence, such visual presentations usually include maps, models, charts,… Read More

Analyzing a Medical Negligence Claim

Read the article about analyzing a medical negligence claim written by Andrew J. Rossetti and John Kirby. ANALYZING A MEDICAL NEGLIGENCE CLAIM by Andrew J. Rossetti, Esquire Board Certified Civil Trial Attorney Rossetti & DeVoto Cherry Hill, NJ 08002 John Kirby, M.D. Board Certified Internist Cooper Physicians 1210 Brace Road Ste 102 Cherry Hill, NJ 08002 356-428-6616 Andrew J. Rossetti, Esquire Board Certified Civil Trial Attorney Rossetti & DeVoto Cherry Hill, NJ 08002 John Kirby, M.D. Board Certified Internist Cooper Physicians 1210 Brace Road Ste 102 Cherry Hill, NJ 08002 356-428-6616 March 22, 2002 INITIAL PHONE CALL Damages, Damages,… Read More

Health Maintenance Organizations

Read this short paper written by Louis J. DeVoto about health maintenance organizations. Health Maintenance Organizations Louis J. DeVoto I. BACKGROUND: HISTORY AND TYPES OF HEALTH MAINTENANCE ORGANIZATIONS While the first pre-paid health plan dates back to a cooperative in Elk City, Oklahoma in 1927, HMOs have only recently become popular. With the passage of the Health Maintenance Organization Act of 1973, 42 U.S. C. sec. 300e-300e-17, industry growth has been dramatic. By 1985, there were 263 HMOs, with more than 18 million members. Since then, there has been significant consolidation within the industry, a trend which should continue… Read More

When Can Employees Be Interviewed Ex Parte?

Read the paper about Ex Parte written by Louis J. DeVoto. “When Can Employees Be Interviewed Ex Parte?” National Trial Lawyer – March 1993 Louis J. DeVoto Can a representative of a plaintiff’s personal injury firm interview a manager? Or, a low level employee at a store where the plaintiff was injured? Does it matter if the interview is conducted before or after the suit is filed? Does a representative of the defendant or its carrier have a right to be present? This brief article will set forth why ex parte interviews with certain types of employees are permitted,… Read More

The Wrongful Death Act

Read more about the wrongful death act written by Andrew J. Rossetti. The Wrongful Death Act Andrew J. Rossetti March 1999 I. WRONGFUL DEATH LAW 1. When action lies Death caused by the wrongful act of another where pecuniary losses are sustained. N.J.S.A. 2A:31-1 When the death of a person is caused by a wrongful act, neglect or default, such as would, if death had not ensued, have entitled the person injured to maintain an action for damages resulting from the injury, the person who would have been liable in damages for the injury if death had not ensued… Read More

Injury On the Golf Course: Regardless of Your Handicap, Escaping Liability Is Par for the Course

Read more about golf course accidents and injuries in this paper written by Louis J. DeVoto. The University of Toledo Law Review Volume 24; Summer 1993; Number 4 “Injury On the Golf Course: Regardless of Your Handicap, Escaping Liability Is Par for the Course” Louis J. DeVoto* I. INTRODUCTION “Golf is one of the more popular pastimes in this country.” The popularity of the sport has increased tremendously in recent years and now thousands of people are having golf lessons in los angeles as well as other cities. As play on the golf course has increased, so have golf-related… Read More

The Daubert Analysis

Learn more about the Daubert analysis from this paper written by Andrew J. Rossetti. THE DAUBERT ANALYSIS Andrew J. Rossetti, Esquire 12/15/99 I. THE FEDERAL STANDARD OF ADMISSIBILITY A) FRE 702. TESTIMONY BY EXPERTS. If scientific, technical, or other specialized knowledge will assist the trier of fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify thereto in the form of an opinion or otherwise. “The sole justification and purpose of expert testimony is to assist the trier of fact to… Read More

Medical Chart Falsification

Read a short seminar written by Louis J. DeVoto about medical chart falsification and what to do when it happens. MEDICAL CHART FALSIFICATION- HOW CAN YOU STOP THE FRAUD? By: Louis J. DeVoto, Esq. September 17, 1999 I. INTRODUCTION The National Head Injury Foundation estimates that approximately two million Americans will suffer a traumatic brain injury every year.1 Mild head injury accounts for 75% or more of those brain injuries.2 Data from many studies suggest that the most frequent exposure associated with brain injury is transport, i.e., automobiles, trucks, bicycles, motorcycles and watercraft.3 4 5 Unfortunately, persons surviving mild… Read More

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