Popular Jersey Shore Bar Faces Sexual Harassment Action

Jeresy Sexual Harassment ActionA 33-year-old woman has filed a lawsuit against a popular Margate bar, alleging that the owners condoned and even participated in repeated acts of sexual harassment after she took a job as a waitress there in February, 2017. The plaintiff took the job at Tipsy Taco and Tequila Bar on Ventnor to supplement her income as a nurse, and alleges that the sexual harassment began almost immediately.

Ericka Puglisi, from the Atlantic City area, alleges in her complaint that the bar’s engaged in numerous acts that constituted sexual harassment, including:

  • Repeatedly fondling her thighs, shoulders and other body parts
  • Calling her suggestive names, such as “sexy,” “babe,” and “sweetie”
  • Putting his crotch in her face when she was bent down to get something from her purse
  • Offering her money in exchange for sexual favors, including $150 for oral sex

She further alleges that the bar owners required her (and all other female employees) to allow customers to “purchase” body shots, ranging in price from $20 to $100, where they permitted a customer to lick salt of a female employee’s body, do a shot of tequila, and then suck a lime wedge out of the employee’s mouth. Puglisi says she initially refused to perform body shots, but gave in when the owner relentlessly insisted.

Puglisi also alleges that other male employees were encouraged and allowed to grope, grab or otherwise touch female employees, and that a number of them regularly touched her breasts and buttocks, and one male employee forced her hand on his crotch.

According to the lawsuit, when Puglisi’s mother came to the bar to confront the owner, he responded by threatening to burn down Puglisi’s house.

Contact the Law Offices of Mallon & Tranger

To learn how we can help you if you have been the victim of sexual harassment, contact us online or call us at 732-410-6094 (toll free at 877-320-0692). There is no charge for your first meeting. We have offices in Freehold, Toms River and Point Pleasant.

Rear-End Collisions

Rear-End CollisionOne of the most frequent types of motor vehicle accidents involves one car striking another from behind. Often, such an accident is the result of distracted driving, where the operator of the trailing vehicle is looking at a handheld device or paying attention to the scenery, instead of the road ahead. Such an accident can also occur when drivers don’t take adverse road conditions into account.

One of the fundamental rules of the road is that you must maintain a safe distance between you and the vehicle in front of you. A good rule of thumb in one car length per 10 mph you are traveling—three car lengths if you are going 30 mph, for example.

In the state of New Jersey, there is a presumption that a person who strikes the rear of another vehicle is at fault. Accordingly, even if the car in front of you makes a sudden stop, you are expected to maintain sufficient space to allow you to stop without a collision.

Injuries Resulting from a Rear-End Collision

The classic injury tied to a rear-end collision is whiplash. The force of the rear impact causes the driver of the front vehicle backward into the seat. The contact with the seat then forces that driver to snap back forward. Depending on the force of the impact, the seat may actually break. Furthermore, if the driver is properly wearing a seatbelt, that can cause the driver to be pulled back again. The violent movement back and forth can cause significant injury to neck, spine, lower back and the brain. In addition, if the forward thrust is hard enough, the driver may strike the steering wheel or dashboard of the car.

Contact the Law Offices of Mallon & Tranger

To learn how we can help you if you have been injured in the workplace, contact us online or call us at 732-410-6094 (toll free at 877-320-0692). There is no charge for your first meeting. We have offices in Freehold, Toms River and Point Pleasant.

Happy Thanksgiving

Happy Thanksgiving

Sexual Harassment in the Workplace—The Basics

Sexual Harassment in the Workplace—The Basics

Hardly a day goes by when there isn’t a new report of someone alleging sexual harassment—typically against a well-known celebrity or politician. Though companies have been providing sexual harassment training and have implemented specific policies prohibiting sexual harassment, it’s obviously still a serious problem in America. This blog looks at the types of conduct that can be cause for legal action for sexual harassment on the job.

The Types of Sexual Harassment

Under the law, sexual harassment is essentially a form of discrimination in the workplace. There are two specific types of sexual harassment: quid pro quo sexual harassment and the creation of a hostile environment based on sex. Sexual harassment may be heterosexual or same-sex, and it may be perpetrated by a male or a female supervisor.

Quid pro quo sexual harassment—quid pro quo is Latin for “this for that”—occurs when a person with power or authority over a worker offers some type of exchange involving sexual favors or contact. It may be the promise of a work-related benefit, such as a raise, promotion, new office, or benefits, in exchange for sex. It may also involve a threat of a work-related punishment, such as a demotion, undesirable job assignment, denial of a raise or benefits, if an employee refuses to consent to sex.

The creation of a hostile environment occurs when supervisors encourage, allow, condone, promote or facilitate a work environment where references to sex are consistently present. The references may be visual or verbal, including jokes, pictures, e-mails, posters, comments or artwork. As a general rule, the references must be continual or regularly repeated—a single instance will typically not constitute a hostile environment. In addition, the victim must either show that complaints were made or that it was unreasonable to anticipate that complaints would change the behavior.

Contact the Attorneys at Mallon & Tranger

We offer a free initial consultation to anyone who has suffered any type of loss or injury as a result of the carelessness or negligence of another person. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

Workers’ Compensation and Repetitive Stress Injuries

Workers' Compensation and Repetitive Stress InjuriesWhen you’ve been injured on the job, you have a right to seek benefits through a workers’ compensation claim. When your injuries are the result of a workplace accident, it’s often easy to meet the requirements of the law and secure benefits. However, when you’ve developed a painful condition because of repetitive stress, motion or actions, it can often be more difficult to establish a connection between your injury and your work.

New Jersey Recognizes Repetitive Stress or Motion as a Basis for a Workers’ Compensation Claim

In 1911, when the first workers’ compensation laws were enacted in New Jersey, there was no coverage for “non-accidental” injuries. You could still file a lawsuit, but had to incur the time and expense of litigation to get any relief. In 1924, New Jersey amended its workers’ compensation laws to allow for injuries caused by poisoning or chemical exposure, but it was another 25 years before the legislature allowed claimants to recover for cumulative or repetitive stress injuries.

Under current law, you can get workers’ compensation benefits for any injury or illness “arising out of and in the course of employment.” The injuries must be due, to a material degree, to “causes and conditions which are or were characteristic of or peculiar to a particular trade, occupation, process or employment.”

Accordingly, under the law as it exists now, you can recover compensation for a wide range of repetitive stress/motion injuries, provided you can show that they were caused by your job:

  • Carpal tunnel syndrome and similar injuries caused by pushing, pulling, lifting or pressing over and over
  • Neck, back, leg and other injuries caused by repeated lifting, standing, sitting, bending, kneeling or squatting
  • Tendonitis or other connective tissue injury caused by repeated motions or stress
  • Stress fractures or shin splints
  • Bursitis

Contact the Personal Injury Attorneys at Mallon & Tranger

We offer a free initial consultation to anyone who has suffered a needless injury. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

Protecting Your Rights after a Drunk-Driving Accident

Protecting Your Rights after a Drunk-Driving AccidentWhen you’ve been hurt because of the negligence, carelessness or wrongful acts of another driver, you have a right to seek compensation for any personal injuries, as well as property damage. When the other driver was under the influence of drugs or alcohol at the time of the crash, there may be extenuating circumstances that cause you to look to other sources for recovery of financial losses.

According to statistics, in about one of every ten accidents involving a drunk driver, that driver had a prior DUI/DWI conviction. Because one of the consequences of a drunk-driving conviction is a dramatic increase in vehicle insurance premiums, it’s not unusual for drivers with prior DUIs to be either underinsured or uninsured. If the motorist who caused your accident doesn’t have insurance, or doesn’t have enough coverage to compensate you for all your losses, there are some other avenues you can pursue:

  • Do you have an uninsured motorist clause in your automobile insurance policy?—For an additional premium, you can add a rider to your policy that provides some coverage if the other driver is uninsured. Don’t expect your insurance agent to help you find that provision, though. Let us review your policy and be your liaison with the insurer.
  • Who served the alcohol?—Under New Jersey law, you can seek damages from a bar, tavern, restaurant or other establishment that served the alcohol, provided the person was visibly intoxicated when served, or the employee knew or should have known the person was under the age of 21. There is also liability for a social host, a private citizen who provides alcohol to a person who subsequently causes an accident.
  • Was the roadway safe?—Were there potholes, cracks in the pavement, loose gravel on the road, or traffic signs or signals that were defective or missing?
  • Was the accident caused by any defective or dangerous product? Did your vehicle or the other one malfunction or break down?

Contact the Law Offices of Mallon & Tranger

To learn how we can help you if you have been injured, contact us online or call us at 732-410-6094 (toll free at 877-320-0692). There is no charge for your first meeting. We have offices in Freehold, Toms River and Point Pleasant.

Recovering from a Soft-Tissue Injury

Recovering from a Soft-Tissue InjuryThere’s a common misperception that, when you’ve been in a car accident or otherwise injured because of the carelessness or negligence of another person, you only need to consider legal action to recover compensation if you’ve suffered serious injury—broken bones, burns, spinal cord or traumatic brain injury, amputation or loss of limb, paralysis or permanent scarring or disfigurement. The reality is that so-called “soft-tissue injuries” can often be as debilitating, if not more so, that what appear to be more serious injuries.

Soft-Tissue Injuries Defined

A soft-tissue injury involves trauma to muscles, tendons or ligaments, sometimes referred to as connective tissue. The injury may range from a bruise, sprain or strain to a tear. Regardless of the extent of the injury, though, the discomfort you experience can be substantial, and even a minor sprain can significantly limit your mobility. Medical professionals categorize soft-tissue injuries as follows:

  • Grade 1 injuries—These are typically mild sprains, with microscopic tearing of muscle fibers, some swelling and a bit of tenderness. A grade 1 soft-tissue injury customarily takes about one to two weeks to fully heal.
  • Grade 2 injuries—With a grade 2 soft tissue injury, you can’t apply weight or pressure to the injured area without pain. You’ll also experience moderate swelling and partial tearing of muscle fibers. A grade 2 injury may necessitate a recovery period of up to a month.
  • Grade 3 injuries—A grade 3, or severe sprain, involves complete rupture of the muscle or connective tissue structure and an inability to use the tendon, ligament or muscle. This type of injury can take many months to heal.

The most effective treatment for soft-tissue injuries is the “RICE” method—rest, ice, compression and elevation. You’ll need to take time off from physical activities that stress the tissue, apply ice packs for up to twenty minutes at periodic intervals, use a compression bandage and keep the body part elevated.

Contact Mallon & Tranger

Don’t ignore a soft-tissue injury. We offer a free initial consultation to anyone in New Jersey who has been a victim of a personal injury. For a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

Motor Vehicle Accidents on the Job

Motor Vehicle Accidents on the JobWhen you’ve been injured in a motor vehicle accident because of the carelessness or negligence of another driver, you have a right to seek full and fair compensation for all your losses. With respect to workplace injuries, though, a workers’ compensation claim can often be your exclusive remedy, meaning it’s the only avenue available to pursue damages for injury or loss. What happens if you are injured in a motor vehicle accident during the course of employment? Are you limited to a workers’ compensation claim for any damages?

Here’s the important thing to understand about workers’ compensation—it’s intended to provide an alternative remedy when there’s been negligence by an employer or a co-employee. If the wrongful act is committed by an unrelated third party, the requirement that you pursue damages only through a workers’ compensation does not apply. So, if the driver of the other car is neither your employer nor a co-employee, you can still file what is known as a “third party claim” in a civil lawsuit for damages.

In fact, you can simultaneously file a workers’ compensation claim for any negligence by your employer or a co-employee, as well as a lawsuit for damages caused by the carelessness of an unrelated third party. You can’t recover twice for the same loss, though. So, if you recover compensation for medical expenses in a lawsuit, you can’t seek reimbursement of the same medical expenses through a workers’ compensation claim.

Contact the Attorneys at Mallon & Tranger

We offer a free initial consultation to anyone who has suffered any type of loss or injury as a result of the carelessness or negligence of another person. To set up a meeting, contact us online or call us at 732-410-6094 (toll free at 877-320-0692) for an appointment. We have offices in Freehold, Toms River and Point Pleasant.

Happy Halloween!

Happy Halloween!

New Lawsuit Alleges Sexual Harassment at Fox News

Sexual HarassmentIn a lawsuit filed earlier this month, former Fox News Channel chairman Roger Ailes has been accused again of sexual harassment, this time by a paid political commentator who said Ailes led her to believe that she would receive a big promotion if she complied with his advances.

Former Fox News contributor Julie Roginsky alleges in her lawsuit that, while working with Fox News, she was approached by Ailes, who continually told her she was attractive, asked her to join him for drinks, and invited her to his office, where he said they would be able to avoid attention from others at the network. She also alleges that he told her she should date older men, including married men. When she declined, she was denied the anticipated promotion to host of Fox’s evening show The Five. Roginsky also names the current president of Fox—Bill Shine; Fox’s general counsel Dianne Brandi; and a number of other executives she says knew about the harassment, but either covered it up or ignored it.

This, however, is not the first allegation of sexual harassment by a female Fox employee involving alleged wrongful conduct by Ailes. Journalists Laurie Dhue and Megyn Kelly filed previous lawsuits. Furthermore, the allegations of sexual harassment tied to Fox aren’t limited to Ailes. Fox has acknowledged making more than $13 million in payments to settle sexual harassment complaints by female employees against talk show host Bill O’Reilly. A recent lawsuit by former Fox News host Andrea Tantaros alleges that she was sexually harassed by both O’Reilly and Ailes.

Contact the Law Offices of Mallon & Tranger

To learn how we can help you if you have been the victim of sexual harassment, contact us online or call us at 732-410-6094 (toll free at 877-320-0692). There is no charge for your first meeting. We have offices in Freehold, Toms River and Point Pleasant.

Our Office Locations

Freehold

86 Court Street,
Freehold NJ 07728

Telephone: 732-780-0230
Fax: 732-780-5002

Toms River

250 Washington St
Toms River NJ 08753

Telephone: 732-780-0230
Fax: 732-780-5002

Point Pleasant

3247 Route 88
Point Pleasant NJ 08742

Telephone: 732-780-0230
Fax: 732-780-5002