To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or

visit Website www.njlaws.com

Kenneth Vercammen was included in the 2011 “Super Lawyers” list published by Thomson Reuters.

Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on litigation topics. He was awarded the NJ State State Bar Municipal Court Practitioner of the Year. He lectures for the Bar and handles litigation matters. He is Past Chair of the ABA Tort & Insurance Committee,GP on Personal Injury and was a speaker at the ABA Annual Meeting attended by 10,000 attorneys and professionals. To schedule a confidential consultation, email us at VercammenAppointments@NJlaws.com, call or

visit Website www.njlaws.com

Kenneth Vercammen & Associates, P.C.

2053 Woodbridge Avenue - Edison, NJ 08817

(732) 572-0500

Tuesday, September 23, 2014

BRIAN DUNKLEY VS. S. CORALUZZO PETROLEUM TRANSPORTERS A-3252-12T1

 BRIAN DUNKLEY VS. S. CORALUZZO PETROLEUM TRANSPORTERS 
A-3252-12T1 
We affirm the summary judgment dismissal of plaintiff's LAD complaint, alleging claims of hostile work environment and constructive discharge. Plaintiff experienced racial discrimi-nation by a fellow employee assigned to train him. When the incidents were disclosed to defendant, its mechanisms, including a formal anti-harassment and anti-discrimination policy, a developed complaint procedure and an investigation process, effectively resolved the discriminatory treatment identified by plaintiff and he precluded any further racial harassment. However, plaintiff maintains as a result of his disclosures, co-workers avoided him, which he insisted caused his constructive discharge. 

We held plaintiff's complaints of perceived ostracism by fellow employees after he reported a co-worker's acts of racial discrimination are insufficient to support LAD claims of hostile work environment, retaliation or impose vicarious liability on the employer. 

BRIAN DUNKLEY VS. S. CORALUZZO PETROLEUM TRANSPORTERS A-3252-12T1

 BRIAN DUNKLEY VS. S. CORALUZZO PETROLEUM TRANSPORTERS 
A-3252-12T1 
We affirm the summary judgment dismissal of plaintiff's LAD complaint, alleging claims of hostile work environment and constructive discharge. Plaintiff experienced racial discrimi-nation by a fellow employee assigned to train him. When the incidents were disclosed to defendant, its mechanisms, including a formal anti-harassment and anti-discrimination policy, a developed complaint procedure and an investigation process, effectively resolved the discriminatory treatment identified by plaintiff and he precluded any further racial harassment. However, plaintiff maintains as a result of his disclosures, co-workers avoided him, which he insisted caused his constructive discharge. 

We held plaintiff's complaints of perceived ostracism by fellow employees after he reported a co-worker's acts of racial discrimination are insufficient to support LAD claims of hostile work environment, retaliation or impose vicarious liability on the employer. 

Monday, September 15, 2014

IN THE MATTER OF AN INITIATIVE PETITION FOR THE ADOPTION OF AN ORDINANCE TO AMEND THE JACKSON TOWNSHIP ADMINISTRATIVE CODE A-0517-13T1

IN THE MATTER OF AN INITIATIVE PETITION FOR THE ADOPTION OF AN ORDINANCE TO AMEND THE JACKSON TOWNSHIP ADMINISTRATIVE CODE 
A-0517-13T1 

This appeal involves a governing body's pre-election challenge to an ordinance proposed in an initiative petition. The trial court declared a section of the ordinance unlawful but, notwithstanding a severance clause in the ordinance, declined to sever the unlawful section and order that the excised ordinance be placed on the ballot. We affirm. We conclude that the trial court had the authority to hear the pre-election challenge to the proposed ordinance. We further conclude that the court did not have the authority to revise the ordinance and order that the altered ordinance be placed on the ballot. 

ERIC G. HANISKO VS. BILLY CASPER GOLF MANAGEMENT, INC., ET AL. A-5053-12T4

ERIC G. HANISKO VS. BILLY CASPER GOLF MANAGEMENT, INC., ET AL. 
A-5053-12T4 
In this appeal, we revisit the application of the special employer-special employee relationship addressed in Blessing v. T. Shriver & Co., 94 N.J. Super. 426 (App. Div. 1967), and, in doing so, affirm the grant of summary judgment to defendants. Plaintiff, the superintendent of a golf club, sustained injuries in his employer-provided residence. Applying the Blessing factors, we found plaintiff was employed by both the management company that managed the golf club, and the golf club. We rejected plaintiff's contention that judicial estoppel precluded 

the golf club from asserting the exclusivity provisions of the Workers' Compensation Act, N.J.S.A. 34:15-1 to -128, as a bar to plaintiff's action in Superior Court against the golf club. In addition, we found no error in the trial court's consideration, for summary judgment purposes, the fully executed employment agreement, which was not turned over to plaintiff during the course of discovery. We agreed, as the motion judge found, the parties did not dispute the authenticity of the document. 

PRINCETON SOUTH INVESTORS, LLC VS. FIRST AMERICAN TITLE INSURANCE INSURANCE COMPANY A-0850-12T3

PRINCETON SOUTH INVESTORS, LLC VS. FIRST AMERICAN TITLE INSURANCE INSURANCE COMPANY 
A-0850-12T3 

In a dispute over title insurance coverage, we held that a municipality's pending tax appeal, concerning the alleged under-assessment of plaintiff's property, did not render plaintiff's title unmarketable or constitute a defect in or an encumbrance on the title. In addition, based on the language of the title insurance policy, we held that the claim was not covered. 

ALLIED BUILDING PRODUCTS CORP. VS. J. STROBER & SONS,LLC, ET AL. A-1113-12T4

 ALLIED BUILDING PRODUCTS CORP. VS. J. STROBER & SONS,LLC, ET AL. 
A-1113-12T4 

This is a suit on a surety bond. Dobco, Inc. (Dobco) appeals from a final judgment denying its motion for partial summary judgment against Colonial Surety Company (Colonial), surety for J. Strober & Sons, LLC (Strober), Dobco's subcontractor, and granting Colonial's motion for summary judgment dismissing Dobco's claims against Colonial. The Law Division dismissed Dobco's claims against Colonial under the bond on the ground that the bond did not name Dobco as the obligee and because Dobco had rejected the bond as not in the form required by its subcontract with Strober. We deem neither of those facts material because we conclude that in entering into its surety contract with Strober, Colonial obligated itself to issue a performance bond to Dobco in the form annexed to the Dobco/Strober subcontract. Accordingly, we reverse. 

Davis v. Brickman Landscaping, Ltd. (A-22/23/24-12

Davis v. Brickman Landscaping, Ltd. 
(A-22/23/24-12; 071310) 

Plaintiffs were required to establish the applicable standard of care through expert testimony. The standard of care set forth by plaintiffs’ expert constituted an inadmissible net opinion because it lacked objective support. Summary judgment in defendants’ favor was appropriate because, as a result of plaintiffs’ failure to support their asserted standard of care, they were unable to establish the required elements of their negligence claim.