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Industry updates

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Ryan S. Malc, Esq. brings a successful whistleblower and wrongful termination claim

Posted on | by LawFirm

Mr. Malc’s client, (“DJ”) was a former employee of a large New Jersey corporation (the “Club”).  He served as a Vice President and member of the Board of Directors of the Club for six years during which he provided exemplary, complaint-free service.  Nonetheless, on December 13, 2016, the Chief Financial Officer of the Club sent DJ a letter summarily terminating him as an employee “at will.”  DJ was also subsequently discharged as a member of the Board of Directors of the Club.  The termination of employment was the culmination of conduct by the Club, its president, and its chairman that violated the New Jersey Law Against Discrimination (“NJLAD”) and New Jersey common law.

In December 2013, DJ learned that the Club’s president was sexually harassing an employee of the Club.  That employee was then constructively discharged by the Club. Upon learning this information, DJ notified the Club’s Human Resources Director, who at the time reported directly to the Club’s president. The Club investigated the harassment allegation, but ultimately determined that no action would be taken because all employees of the Club reported to the Club’s president.

Unsatisfied with this response, DJ then reported the sexual harassment to the Club’s Board of Directors. The Club’s attorney then interviewed DJ to discuss the details of his knowledge.  Shortly after this interview, the Club’s president stripped DJ of all his duties and banished him from his office at the headquarters of the Club.  The Club’s president then relegated DJ to a cubicle in an overcrowded and noisy branch office, where he was left with little or no meaningful duties or authority.  

On September 18, 2016, DJ e-mailed the Club’s president informing him of his neurological condition caused by a childhood head injury that makes it difficult for him to concentrate and focus in distracting environments, such as the cubicle in the overcrowded and noisy office.  In a subsequent email, DJ provided a note from his psychologist requesting that he be allowed to work from home or otherwise be reasonably accommodated for his condition.  Instead of engaging in the interactive dialogue required under the NJLAD, the Club ignored DJ’s request for a reasonable accommodation based on his disability and then terminated his employment.   Rather than legitimately investigate the allegations of sexual harassment, put an end to the harassment, eliminate the hostile work environment, and provide DJ with a reasonable accommodation to address his disability, the Club, its president, and its chairman retaliated against DJ.  

Mr. Malc pursued a lawsuit on behalf of DJ in New Jersey Superior Court. Mr. Malc litigated the case aggressively and on the eve of trial, the Defendants agreed to pay DJ’s settlement demand.

If you or someone you know has been subjected to a retaliatory employment action, feel free to contact Mr. Malc for a free consultation.

Peter Wegener Wins Big Verdict For Point Pleasant Beach Property Owners

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Recently, Peter H. Wegener, a founding partner of Bathgate, Wegener & Wolf, tried another condemnation case. An Ocean County Jury returned a verdict of $964,000.00 in favor of our client, Bay Pointe Dunes Homeowner Association, Inc., the owners of a 489-front foot of beach in Point Pleasant Beach, on September 27, 2022. The verdict was awarded as “just compensation” for the taking by the New Jersey Department of Environmental Protection of the property rights to construct a 22-foot-high sand dune and to require public access to the beach. 

The government, relying upon its appraiser, offered $6,300.00 as its estimate of just compensation. This is the most significant verdict yet in connection with the controversial storm damage reduction project, which is scheduled to be redone, in many areas, this winter because much of the sand placed by the project has already eroded away. 

The state appraiser testified that the property rights taken for the project had only a nominal value of $1000.00 The jury valued the market value of those property rights to be $1,084,500.00, but also allowed a credit of $120,500.00 as the value of benefit from the project to the homeowners’ remainder.

As a part of its storm damage response to hurricane Sandy, the United States Army Corps of Engineers partnered with the New Jersey Department of Environmental Protection to take control of all beaches from the Manasquan Inlet to the Barnegat Inlet and construct a twenty-two-foot-high dune across the entire length of the beaches with minor exceptions in the Point Pleasant Beach and Seaside Heights / Park Amusement areas. At the same time, the government made all of that beach area, most of which was privately owned, public, granting access and use to the public at large.

Although the Homeowners Association had been allowing members of the public to buy daily badges for a number of years, the Army Corps of Engineers acknowledged that the homeowners could change that policy at any time and wanted the property rights to the recreational beach in perpetuity. Therefore, the government condemned those property rights by the power of Eminent Domain.

If you have been subjected to a government taking by means of eminent domain, please contact Peter H. Wegener, Esq. to discuss your legal rights.

Republicans for Point Pleasant Golf Outing

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On August 10, 2022, partner Brian McAlindin, who is the Republican Municipal Chairman for Point Pleasant, served as host for the annual Republicans For Point Pleasant Golf Outing at Eagle Ridge Golf Club.  Shown here with playing partner 2021 Republican Gubernatorial Candidate, Jack Ciatarrelli.  Brian’s group won the scramble format golf competition with an impressive score of 58 (-14) with a round that included 2 eagles, 10 birdies,  6 pars and no bogeys.

private mortgage lender attorney

Ocean County Mortgage Attorney

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Bathgate, Wegener, & Wolf Partner, Ryan S. Malc, Esq., successfully represented a private mortgage lender in a long battle to recover the balance due on a mortgage that went into default in 2006, just two years after the loan was given.  Over the course of 16 years since the loan went into default, the client made several attempts to collect the overdue balance, including the retention of two other law firms.  In January 2022, the client finally came to Mr. Malc for assistance.  Mr. Malc sent a demand letter to the debtor, followed by a foreclosure complaint.  In just 5 months, through decisive litigation and negotiation strategies, Mr. Malc was able to recover the full balance due on the defaulted mortgage, which amounted to over $350,000.00.  Mr. Malc also recovered all his attorneys’ fees from the debtor.

If you are a borrower having trouble with your lender, or a lender having trouble with your borrower, contact Ryan Malc at 732-363-0666 Ext 254, or send him an email at rmalc@bathweg.com..

motor vehicle accident

Motor Vehicle Accident Settled For $1.6 Million by Bathgate, Wegener & Wolf

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The Honorable Thomas E. O’Brien, P.J. Cv. (ret.) of Ocean County settled a motor vehicle accident case for the sum of $1.6 million.  The plaintiff, now 65 years of age, was operating a motor vehicle, in her lane of travel, when the defendant, employee and son of a luxury car dealer took a high powered Dodge Viper on the roadway for a test ride. Defendant driver traveled recklessly and at an excessive rate of speed causing his “Viper” to spin out and enter the plaintiff’s lane of travel.  Both plaintiff’s Hyundai and defendant’s Viper were totally destroyed. Both drivers were transported to the emergency room with loss of consciousness.  Plaintiff remained in the hospital for three (3) days and experienced loss of consciousness for that period of time.

The accident was caught on a local business video camera so at mediation liability was not contested.

Plaintiff suffered neck, back, left hand and elbow and head injuries that were treated at the emergency room.  Plaintiff had a pre-existing anterior cervical discectomy and fusion in 2020 involving C4 through C7.  Post-accident MRI on 4/17/19 revealed a new HD at C3-4, and an EMG on 8/3/20 affirmed a left C5-6 radiculopathy.

Plaintiff’s orthopedic surgeon opined that a future C3-4 discectomy and fusion would be needed above the pre-existing fusion.

On 7/14/21 plaintiff received an anterior and posterior lumbar discectomy and fusion with cages and screws at L2-3,3-4.  Plaintiff had lumbar epidurals, facet injections and wore a brace for 10 months.  Plaintiff also suffered a transverse process fracture at L1-2.

Plaintiff had pre-existing migraine headaches from 50 years ago.  She has been diagnosed with concussion and post- concussion syndrome with reduced concentration and memory anxiety, depression and adjustment disorder.  While the defendant claimed plaintiff’s head injuries were pre-existing, the defense IME neurologist admitted plaintiff suffered a concussion and post traumatic anxiety and needs future counseling.

The plaintiff presented no wage loss claim and assumed a medical lien in the approximate amount of $70,000.00.  The plaintiff husband’s per quod claim was included in the settlement.

For guidance on your specific legal issue, please contact Judge O’Brien’s assistant, Donna Oliger, at 732-363-0666 Ext 223, or send him an email at tobrien@bathweg.com.

NJ estate attorney

$800,000 Estate Settled With Bathgate, Wegener & Wolf

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          Brian W. McAlindin, Esq. successfully challenged a late-stage Will of a 94-year-old woman wherein the decedent had left nearly her entire estate to her two best friends in a prior Will. The decedent suffered a fall and deteriorating health requiring a home health aide. Another acquaintance’s daughter became her caretaker, and a new Will was executed less than two months before her demise resulting in nearly her entire estate (valued at approximately $800,000) being left to the caretaker. A Caveat was filed challenging the Will. Mr. McAlindin filed a Verified Complaint seeking to have the late-stage Will declared invalid and not admitted to Probate based upon the suspicious circumstances surrounding the late-stage Will and the undue influence placed upon the decedent by the caretaker. The case settled with the friends receiving two thirds of the estate shortly after the deposition of the caretaker. Brian W. McAlindin, Esq. successfully challenged a late-stage Will of a 94-year-old woman wherein the decedent had left nearly her entire estate to her two best friends in a prior Will. 

For guidance on commercial or municipal permits, contact Brian McAlindin at 732-363-0666 Ext 249, or send him an email at bmcalindin@bathweg.com.

motorcycle accident attorney

$415,000 Settlement Won In Motorcycle Accident Claim

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         Brian W. McAlindin, Esq. successfully obtained a settlement totaling $415,000 on behalf of a couple involved in a motorcycle accident following arbitration.  Plaintiffs were travelling on a motorcycle when a motor vehicle operator failed to observe a Stop sign at a “Y” intersection causing the motorcycle operator to lose control and dump his motorcycle in an effort to avoid defendant’s vehicle.  Defendant asserted no liability because no impact between the car and the motorcycle occurred.  The motorcycle operator was airlifted to a local trauma center with a trimalleolar ankle fracture requiring open reduction and internal fixation surgery and multiple dermal “road rash” abrasions.  His fiancé passenger sustained soft tissue neck and back injuries with an unoperated lumbar disc herniation, as well as road rash abrasions on her arms and legs.

We were successful in obtaining summary judgment on contributing liability on behalf of the motorcycle operator and his case settled for defendant’s per person policy limit of $250,000.  His passenger’s case settled for $165,000.

For guidance on commercial or municipal permits, contact Brian McAlindin at 732-363-0666 Ext 249, or send him an email at bmcalindin@bathweg.com.

Carteret ferry

Bathgate, Wegener & Wolf Obtains Permits For Carteret Ferry

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              William J. Wolf, Esq. of Bathgate, Wegener & Wolf, P.C., provided legal services that helped the Borough of Carteret achieve the second major component of its plan to develop the municipal waterfront along the Arthur Kill in Middlesex County. Previously, Bill Wolf and a team of professionals mounted a bureaucratic battle to obtain the federal and state permits that were required to construct a 185-slip municipal marina.

              Now, the next part of Carteret’s waterfront project can begin. Recently, the Army Corps of Engineers issued the last permit required to build Carteret’s ferry terminal. As stated in a press release issued by Daniel Reiman, who is the Mayor of Carteret, “the permit follows years of work as well as fighting bureaucratic agencies at every level for the needed approvals.” The Mayor stated further that “soon commuters and others traveling to Manhattan will have a fast and direct route from Carteret, avoiding the high costs of gasoline and the frustrations of driving into the city through the tunnels or bridges.” Mayor Reiman also said in a statement “the permit grants approval for on-time construction dredging along the Arthur Kill for about 19,500 cubic yards to a maximum depth of 17 feet. The permit also allows Carteret to install about 130 feet of bulkhead, a 40-by-40-foot pier with two gangways for passengers to access the ferry, steel piling, bumpers and a 200-footlong wave screen.”

              Carteret is confident that its “ferry service is slated to provide reliable, quicker and more environmentally friendly transportation service to New York City, cutting travel times to Manhattan to under an hour, while reducing traffic congestion on the New Jersey Turnpike and approaches to the Holland and Lincoln tunnels by getting more commuters out of their cars, according to Carteret officials.” That conclusion is supported by several studies and reports.

              Bill Wolf is thankful for the opportunity that Mayor Daniel Reiman gave him to assist Carteret in reaching the two key elements of the rejuvenation of Carteret’s waterfront.

For guidance on commercial or municipal permits, contact William J. Wolf at 732-363-0666 Ext 225, or send him an email at wwolf@bathweg.com.

NJ Motor Vehicle Accident Settlement

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The Honorable Thomas E. O’Brien, P.J. Cv. (ret.) of Ocean County settled a sideswipe motor vehicle accident claim for a 64-year old plaintiff for the sum of $300,000.00.  The collision involved a dump truck and plaintiff’s BMW Sedan.   The liability and damages aspects of this case were highly contested. 

The accident occurred when the vehicles were attempting to merge and exit from a main highway.   Plaintiff contended she was rear-ended by the dump truck and defendant driver asserted that the plaintiff changed lanes, passed him on the right and that the rear driver’s side behind the wheel well was side-swiped by the front passenger side of the truck.   The investigating trooper did not see the motor vehicle accident, heard the parties’ respective descriptions of how the accident happened, and did not issue any tickets. 

Plaintiff insisted and answered in her interrogatories that she suffered a rear-end hit.  The photos of the vehicles revealed that the Point of Impact was on the rear-side of plaintiff’s car and the front bumper of defendant’s truck.  The accident could not be considered a “Big Hit”. All in all, comparative negligence was a big issue and at mediations the parties were conceding that this could be a 50/50 comparative negligence case.

As to the damage issue, this case involved the usual battle of the orthopedic experts.  Plaintiff claims that her lumbar surgery involving a foraminotomy, laminectomy and discectomy, without hardware was caused by the motor vehicle accident.  In addition, she claims to have suffered cervical herniated discs that will require future fusion surgery.  Plaintiff’s surgeon also suggested she may need a second lumbar revision surgery at another segment.  The defense IME ortho insisted degeneration existed and that the lumbar surgery was performed on the wrong side and unnecessary.   He further opined that any future cervical or lumbar surgery was not needed.  Plaintiff had no pre-existing injuries accept a T-12 thoracic fracture as a result of a 25-year old motor vehicle accident.  Plaintiff had no viable wage loss or per quod claims.

Since this motor vehicle accident involved a truck, this mediation also involved resolution of PIP and property damage subrogation actions. 

For guidance on your specific legal issue, please contact Judge O’Brien’s assistant, Donna Oliger, at 732-363-0666 Ext 223, or send him an email at tobrien@bathweg.com.

slip and fall attorney

NJ Slip & Fall Case Settled For $400,000

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The Honorable Thomas E. O’Brien, P.J. Cv. (ret.) of Ocean County settled a trip/fall case today for the sum of $400,000.00. The plaintiff, an apartment complex tenant while parking her car in the lot servicing the demised premises, stepped off a curb adjoining the lot pavement into a “mini” pothole approximately 6” long and 3/4’” deep causing her to sustain a trimalleolar fracture of her left tibia, fibula and medial malleous.  Plaintiff was 54 years old at the time of the fall on October 5, 2018.

She underwent a “closed reduction” first surgery at the ER.  However, seven (7) days later she had a second open reduction internal fixation surgery.  The medial malleolar fragment was reduced and fastened with a 4.5 lag screw and washer and the left distal fibula was stabilized with a plate and eight (8) screws.  Plaintiff was placed in a short leg cast.  Nine months later the plaintiff was still wearing an ankle brace and contemplating the removal of her ankle hardware in September 2019.

Plaintiff was a student of dance and was taking one lesson per week at the time of the accident.  She had medical expenses of approximately $58,000.00.  Thankfully, there was only a lien of  $3,700.00 in letters of protection.  Plaintiff was unmarried with no per quod claim. She also suffered a minor loss wage claim.  She had no pre-existing injuries to her left ankle. She had significant scarring on both the inside and outside of her left ankle.  Plaintiff’s life expectancy is 29 years and a work-life expectancy of 8 years.  The apartment complex and management company are paying the settlement.

Now that the courts are open, Judge O’Brien is most interested in helping litigants resolve their cases pre-trial. 

For guidance on your specific legal issue, please contact Judge O’Brien’s assistant, Donna Oliger, at 732-363-0666 Ext 223, or send him an email at tobrien@bathweg.com.