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Westmoreland
Vesper & Quattrone

Attorneys at Law 

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8025 Black Horse Pike, Suite 500
West Atlantic City, NJ  08232
(609) 645-1111   (800) 645-6987

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LEGAL LANDMARKS

Arabia and Class of Plaintiffs vs. Zisman, et al, 143 N.J. Super. 168 (Ch. Div. 1976) helped invalidate an Atlantic City ordinance prohibiting the maintenance of beach chairs at the sole caprice of the public beachfront property owners holding it an illegal delegation of the municipality's authority.

Brooks vs PMA, 121 N.J. Super. 51 (App. Div. 1972), 62 NJ 585 (1973), 14 ALR 4th 1148.  This landmark case allows a worker to sue a Workers Compensation insurance carrier if the employer relied upon the negligent safety inspection of the carrier.

Burns vs. West America Corp., 137 N.J. Super. 442 (N.J.D.C. 1975).  Established the right of a tenant to recover punitive damages against a landlord.

DeSimone vs. Nationwide Mutual Insurance Company, 149 N.J. Super 376 (Law Div. 1977).  This case stands for the principle that an individual can sue an insurance company for consumer fraud.

D'Annunzio vs. Borough of Wildwood Crest, 172 N.J. Super. 85 (App. Div. 1980) helped palintiffs recover damages against wrongdoing of public employees and public entities.

Flannagan vs. Foster and Nationwide Insurance Co., 182 N.J. Super. 282 (App. Div. 1981).  Held that an insurance company that committed "bad faith" and allowed its insured to have a $350,000 judgement rendered against them was responsible for interest over and above its limited $15,000 policy limits in addition to "bad faith" damages for the excess $350,000 verdict.

Garshman vs. Universal Resources, 824 F.2d 223 (3rd Circ. 1987);   Garshman vs Universal, 625 F. Supp. 737 (DCNJ 1986, 641 F. Supp. 1359 (DCNJ 1986))  These consumer class actions helped expand the Federal Rules of Civil Procedure for Class Actions and Bankruptcy trials.

Chattin vs. Cape May Green, 216 N.J. Super. 618 (App. Div. 1987); Chattin vs. Cape May Green, 243 N.J. Super. 590 (App. Div. 1990); Chattin vs. Cape May Green, 124 N.J. 520 (1991).  All of these involved Consumer Fraud rights of the homeowners against deceitful builders and established legal precedents for recovering attorneys fees and "ascertainable losses" for homeowners who are wronged by misrepresentation and unconscionale commercial conduct.

Gerber vs. Allstate, 161 N.J. Super. 543 (Law Div. 1978).   Provided that a motorcyclist struck by an automobile could collect PIP or No-Fault benefits.

Hauck vs. Danclare, 262 N.J. Super. 225 (Law Div. 1993).  This landmark case established the right of consortium plaintiffs to separate and independent trial counsel to help recover the spousal loss of the uninjured but seriously affected spouse.

Hill vs. Harleysville, App Div. slip opinion 83-4276 (Aug. 17, 1984) helped define first party Bad Faith liability by a No-Fault insurance carrier which attempted to defraud its insured policy holder.

In re Egg Harbor Associates, 185 N.J. Super. 507 (App. Div. 1982); 91 N.J. 552 (1982) helped define the authority of the Department of Environmental Protection (DEP) to impose "fair share" housing conditions under the Coastal Area Facility Review Act (CAFRA) re permits for waterfront development including proposed housing units for low and moderate income units.

Jones vs. Sportelli, 166 N.J. Super. 383 (Law Div. 1979).   This case held the Consumer Fraud Act of New Jersey applied to the manufacture of an IUD which was misadvertised.

Kotok Builders vs. Charvine CO, 183 N.J. Super. 101 (Law Div. 1981) helped define "malicious use of process" and defamatory words interpreted in the circumstances they were uttered and what damage or effect the utterance had upon the defendant's business or professional reputation.

Levin vs. Haddon Hall Hotel, 66 N.J. 415 (1973).  This landmark established an exception to the "Going and Coming rule" which restricted workers' rights when were injured going to and coming from work.

Nanavati vs. Burdette Tomlin Memorial Hospital, 107 N.J. 240 (1987); Nanavati vs. Burdette Tomlin Memorial Hospital, 645 F. Supp. 1217 (DCNJ 1986).  Defamation and trade libel case by a doctor against fellow doctors.

National Freight vs. Ostroff, 133 N.J. Super. 554 (Law Div. 1975).  Provided that discovery of a party in civil litigation can proceed despite the fact that such party is a defendant accused in a criminal case and would have to plead the Fifth Amendment.  That should not delay civil litigation.

Neimara vs. Schneider, 114 N.J. 550 (1989).  The Supreme Court enunciated "The Learned Intermediary" doctrine for New Jersey - that is, a prescription drug manufacturer has the right to immunity in a failure to warn case when it gives warnings to the "learned interediary" treating doctor.

Ross vs. Novino, (Atlantic County 1994 unpublished opinion by Judge Michael Winkelstein) held that a key employee could recover for personal injuries and the closely held family corporation could likewise recover seperate damages for disabling injury to a key employee.

Sea Harvest Inc. vs. Rig & Crane Equipment Corp., 181 N.J. Super. 41 (Ch. Div 1981) helped define the security interest created by the lessor-seller of a crane who was held to be "in the business of selling goods of that kind" within the meaning of the statute providing that the buyer takes free of any security interest created by the seller.  It explains how to apply the subjective "good faith" standard to define good faith as honesty and fact in the conduct or transaction concerned.

Sharra vs. City of Atlantic City, 199 N.J. Super. 535 (App. Div. 1982) helped define a "dangerous condition of property" for a Tort Claims Act against a public entity.

Spaulding vs. Hussein, 229 N.J. Super. 430 (App. Div. 1988).   Tom Vesper was the legal expert in this case which established the duty of a treating physician to render litigation assistance to his/her patient.

Viviano vs. CBS, Inc., 251 N.J. Super. 113 (App. Div. 1991), 70 ALR 4th 984 (1989).  Tom Vesper was a plaintiff's legal expert in this case which established in New Jersey the intentional tort of spoliation of evidence.

Wind vs. J.C. Smith, 164 N.J. Super. 110 (App. Div. 1978) helped expediate the procedural steps in cases against the Unsatisfied Claim and Judgement Fund (UCJ Fund).

1975 FIRST lawyers in South Jersey to employ computerized accident reconstruction to illustrate an auto crash sequence of events to a jury in Cumberland County.

1978 FIRST lawyers in Atlantic & Cape May Counties to employ full and part time nurses as medical consultants to assist personal injury clients.

1983 FIRST lawyers to use written settlement brochures and briefs in Atlantic and Cape May Counties, which were later adopted as a standard feature in all automobile arbitrations.

1984 FIRST lawyers to use videotaped settlement presentation and "Day in Life" films in Atlantic and Cape May Counties to illustrate clients' disability, impairment and loss of enjoyments of life.

1998 FIRST law firm in New Jersey to have three lawyers certified as members of the Million Dollar Advocates Forum.

1999 FIRST law firm in New Jersey to recover a court rewarded $1 million dollar attorney fee under the New Jersey Consumer Fraud Act after successfully recovering a consumer fraud trebled verdict for a group of homeowners.