Francis Foundation Gala Dinner Photos

On October 21, 2023, Bathgate, Wegener & Wolf was honored by the Francis Foundation, receiving the 2023 Community Service Award at their annual gala dinner. The gala was held to honor the brave pediatric cancer warriors and remember the heroic angels. Co-founding Partner Peter Wegener accepted the award on behalf of the firm. The Francis Foundation has a focused and devoted commitment to bringing smiles to kids fighting cancer. The Foundation strives to alleviate a child’s pain and suffering with a special gift, gesture, or even a few memorable moments.

The Foundation also provides financial assistance to impoverished families desperately needing help due to their child’s fight against cancer. The Foundation seeks to give compassionately to children and families dealing with extremely difficult physical and emotional challenges. In addition to direct aid to a child or family, The Foundation also supports research to terminate childhood cancers.

Co-founding partner Peter Wegener Esq. accepting the
Francis Foundation Community Award on behalf of the firm.


Partner Brian McAlindin Esq. flanked by associates Nick Leider Esq. and Dan Carbone Esq.

Peter H. Wegner, Esq., Dale Wegner, Nicholas L. Leider, Esq., Ariana Leider, Jori McAlindin, Stephanie Maj, Theresa Natoli, Brian W. McAlindin, Esq.

Peter H. Wegner, Esq., Dale Wegner, Nicholas L. Leider, Esq., Ariana Leider, Jori McAlindin, Stephanie Maj, Theresa Natoli, Brian W. McAlindin, Esq.

Recovering Damages in New Jersey Medical Emergency Crashes

Medical emergency crashes occur when a driver suffers a medical incident that causes them to lose control of their vehicle, resulting in an accident. At times, drivers cannot anticipate they will suffer a medical emergency while operating their vehicles. On the other hand, a driver may have received several warnings from a physician that it was unsafe for them to safely operate a vehicle. When drivers can anticipate a medical incident on the road, they may be liable for injuries to other drivers, passengers, or pedestrians.

For example, a medical emergency crash in Garfield, New Jersey injured multiple people, including a pedestrian. An 88-year-old driver was approaching an intersection when she suffered a medical episode. As a result, she pressed her foot on the accelerator and lost control of her car. The vehicle then veered onto the sidewalk and nearly struck a pedestrian. It continued to speed through the intersection before crashing into two vehicles waiting at the traffic light. The woman suffered minor leg injuries in addition to her medical emergency. The pedestrian suffered an injury to his foot.

Can You Recover Damages for a New Jersey Crash Caused by a Medical Emergency?

After a medical emergency crash, you may be able to recover damages against the responsible driver. However, the driver will likely argue they were not negligent because the medical emergency was unexpected and out of their control. In this case, the burden shifts to the defendant to show they could not have expected to suffer a medical emergency. For example, a person who suffered a stroke while driving may submit medical records to prove they had no prior history of strokes. On the other hand, drivers may be liable for a plaintiff’s injuries if they could have anticipated the medical emergency while they were driving. For example, a driver may have a documented medical history of suffering from frequent fainting spells. In addition, a doctor may have advised that driver to refrain from operating a motor vehicle. Alternatively, a driver may have ignored their doctor’s advice to take medication that would prevent fainting spells. In these situations, a defendant would have a tougher time arguing they could not foresee their medical emergency while driving.

What Is the Deadline to Bring a Lawsuit After a New Jersey Medical Emergency Crash?

New Jersey imposes a two-year statute of limitations on personal injury lawsuits, which starts on the date of the accident. The statute of limitations refers to the deadline to bring a case in a given state’s courts. If New Jersey plaintiffs do not file their case within the statute of limitations, they may not be able to sue defendant for damages. An experienced New Jersey personal injury attorney can help you promptly file a claim for damages to make sure you do not miss the statute of limitations.

Have You Been Injured in a New Jersey Medical Emergency Crash?

Medical emergency crashes involved complex questions of fact and law. Defendants may attempt to avoid liability by claiming their medical emergency was unforeseeable. If you or someone close to you has suffered injuries in a New Jersey medical emergency crash, contact the New Jersey personal injury firm of Bathweg, Wegener & Wolf, P.C. The attorneys at our firm have years of experience representing clients in New Jersey personal injury disputes. Using our skills and experience, we will develop the strongest possible argument to recover damages on your behalf. For a free, no-obligation consultation, contact our office at (732) 363-0666. We will not bill you for our services unless we recover monetary damages on your behalf.


Join Us As We Get Honored By The Francis Foundation

On October 21, 2023, at 6:30pm Bathgate, Wegener & Wolf will be honored by the Francis Foundation by being the recipients of this year’s Community Service Award. Our Senior Managing Partner Larry Bathgate together with the firm, has a long history of communal service with helping children fight cancer by putting a smile to their faces. It is only through the collaboration of the Foundation and the Firm that so many kids have been able to fight their battles with strength and perseverance.

Come Join Us!

There will be Open Bar, Cocktail Hour, Dinner, & Dancing ‘Til Midnight.


Holding Employers Liable for New Jersey Dump Truck Accidents 

Accidents involving a dump truck can lead to severe injuries due to the sheer size of a typical truck. Often, a dump truck driver is an employee that a company hires to transport materials to a worksite or assist in a construction project. When a dump truck driver causes a serious accident, the injured party may seek to hold the driver and their employer accountable. 

As a recent news article reported, a passenger tragically lost her life in a three-vehicle crash with a dump truck in Salem County, New Jersey. The accident occurred at an intersection on Route 40 as a driver traveling west made a left turn into a driveway. A dump truck approaching from behind struck the car’s rear end, pushing the truck into the opposite lane. The truck was then struck by a vehicle traveling east. A passenger in the eastbound vehicle was killed. The driver was transported to the hospital for serious injuries. The westbound driver only suffered minor injuries, and the dump truck driver was unharmed. The crash remains under investigation.

Can You Sue a Dump Truck Driver’s Employer After an Accident?

If a dump truck driver’s negligent driving caused you serious harm, you may be able to sue the driver’s employer. After a New Jersey dump truck accident, you may be left with severe injuries or property damage. However, individual truck driver may not be able to afford to compensate you for the full extent of your injuries. Under the doctrine of respondeat superior, New Jersey law allows plaintiffs to hold employers liable if an employee was acting within the scope of their employment with the company. 

Typically, an employee acts within the scope of their employment when completing work at their designated location within an assigned work schedule in furtherance of the employer’s business. For example, a construction company may be liable for a dump truck driver’s conduct if the accident occurred while the driver was transporting supplies to a client’s construction site. 

However, if the accident occurred while the driver was making an unauthorized trip without the employer’s knowledge, the employer would likely not be responsible for the driver’s conduct. In the latter scenario, the driver was not furthering the employer’s business or traveling within their assigned route. An experienced New Jersey personal injury attorney can help you make a strong argument that a negligent employee was acting within the scope of their employment during an accident on the road.

Have You Been Injured in a New Jersey Dump Truck Accident?

After a severe accident, an employer will often argue that their employee was not acting within the scope of employment. If successful, this can dramatically limit your ability to collect fair damages for what you’ve been through. If you or someone you love has been hurt in a New Jersey dump truck accident, contact the attorneys at Bathgate, Wegener & Wolf, P.C. for assistance. Employers may attempt to shield themselves from liability by distancing themselves from their employee’s negligent conduct. The skilled attorneys at our personal injury firm will fight to hold employers accountable for dump truck accidents that have led to severe injury. Our attorneys will gather evidence and develop a case theory to recover the compensation you need and deserve.

To schedule a free initial consultation, call our office at (732) 363-0666. We will not bill you for our services unless we recover money damages on your behalf. 


Threaten to Appeal; New Normandy Beach Sand Dune Walkovers

Bathgate, Wegener & Wolf is currently representing several property owners in the Toms River section of Normandy Beach related to the new sand dune and walkovers.

By way of resolving the dispute with the Township, the Township Council agreed to adopt an ordinance rescinding a precondition that a dune walkover could not be constructed within 250′ of a public access.  The applicable CAFRA (Coastal Area Facilities Review Act) regulations allow a walkover for each homesite adjoining the storm damage reduction easement (SDRE).

The ordinance was adopted, but the Normandy Beach Improvement Association, which owns the dune property, is threatening to appeal Judge Hodgson’s ruling that the oceanfront homeowners have an easement to an access over the dune to the beach, as they had before the SDRE and construction of the new dune.

Bathgate, Wegener & Wolf will continue to represent the individual property owners’ convenient access to the beach that was always theirs before the State’s taking and installation of the dune.

New Jersey DUI Accident Claims One Man’s Life

Too often, drivers get behind the wheel when they are under the influence of drugs or alcohol. As the National Highway Traffic Safety Administration reports, nearly 13,400 people died in DUI accidents in 2021. These accidents are especially tragic because they would never have occurred if drivers simply refrained from operating their vehicles while intoxicated. A recent news article illustrates the consequences of driving under the influence.

According to the recently published news report, a man lost his life after a DUI accident in Gloucester County, New Jersey. The accident occurred when a drunk driver was traveling south on Egg Harbor Road and ran a red light at the intersection with Ganttown Road. As a result, she collided with an SUV traveling west. The impact of the crash then caused the SUV to crash into a minivan heading east. Sadly, the SUV driver died from his injuries. The driver of the minivan, who suffered only minor injuries, was charged with reckless vehicular homicide, strict liability vehicular homicide, and assault by auto.

What Compensation Is Available After a New Jersey DUI Accident?

Anyone who suffers injuries in a New Jersey DUI accident can bring a personal injury lawsuit against the responsible driver. These cases are based on the legal theory of negligence. In a negligence lawsuit, New Jersey allows accident victims to pursue several types of damages awards. The most common type of damages awards are compensatory damages, which intend to place the plaintiff in the same position as if the accident had never occurred.

Compensatory damages can help victims recover economic losses from the accident, including past and future hospital bills and lost wages. They can also include non-economic damages, such as emotional pain and suffering. Finally, the victim’s spouse can bring a loss of consortium claim against the responsible driver. Loss of consortium damages seek to compensate an accident victim’s spouse for the loss of the victim’s companionship and comfort after the accident.

If a victim dies in a DUI accident, certain family members can seek economic damages through a wrongful death lawsuit. These types of damages often include lost future earnings or loss of companionship. Typically, the deceased’s spouse and children can receive damages from a wrongful death lawsuit.

Have You Been Injured in a New Jersey DUI Accident? DUI accidents can be devastating for accident victims and their loved ones. If you or someone close to you has been seriously injured or killed in a New Jersey DUI accident, contact the experienced attorneys at Bathgate, Wegener & Wolf, P.C. Making a case for damages is not always simple, and plaintiffs may struggle to prove they suffered emotional pain and suffering. Our skilled legal team can gather evidence, work with experts, and develop a strategy to prove you are entitled to compensation under New Jersey law. To discuss your case with an attorney on our team, call our office at (732) 363-0666 for a free initial consultation. We will not charge you any attorney fees unless we recover money damages on your behalf.

New Jersey Supreme Court Sides with Plaintiff Who Was Injured on the Job

In a recent decision, the New Jersey Supreme Court affirmed a lower court decision in favor of an employee who suffered injuries on the job. The plaintiff was a mechanic employed by Container Services of New Jersey (CSNJ). He suffered severe injuries when another worker attempted to help him move a piece of equipment. Instead, the worker caused the equipment to crush the plaintiff’s foot, which ultimately required amputation.

Throughout the case, a key question was whether the worker was employed by defendant Marine Transport, Inc. (MT), CSNJ, or both (The same person owned both companies).

Under New Jersey law, a defendant-employer is not liable for a worker’s negligence if it can show that the worker was a “borrowed employee” of a different employer when the accident occurred. In this case, the trial judge treated the issue entirely as a question of law, finding in MT’s favor. The appeals court reversed. MT appealed to the New Jersey Supreme Court, which solely considered whether the multi-factor test used to determine whether a negligent worker was a “borrowed employee” involved a question of law for the court or a question of fact for the jury.

Ultimately, the court held that the test was properly a fact question for the jury to decide. Generally, the jury addresses questions of fact, and a judge addresses questions of law. When a judge or jury goes beyond these set parameters, they often reach an incorrect or unjust outcome. Here, the court looked at the history of the multi-factor test within New Jersey law and identified several factual questions more appropriate for a jury than a judge. These included issues such as witness credibility and other factual disputes between parties.

Furthermore, the court concluded that New Jersey courts should not determine whether a worker is a “borrowed employee” under the multi-factor test unless the evidence is so one-sided as to justify ruling for one party as a matter of law, not fact. In this case, the court concluded that the evidence was not sufficiently one-sided for a judge to apply the factors in the test. Therefore, the trial court erred in determining that the negligent worker was a “borrowed employee” of the plaintiff’s own employer. As a result, the supreme court affirmed the appeals court’s ruling in favor of the plaintiff.

Have You Been Injured in a New Jersey Workplace Accident?

If you or someone you know has suffered injuries on the job in New Jersey, contact the personal injury attorneys at Bathgate, Wegener & Wolf, P.C. to discuss your legal rights. Sometimes, workers’ compensation does not adequately compensate for your injuries, especially if someone other than your employer was at fault for the accident. Our experienced attorneys will develop a strategy to demonstrate to a jury or judge that an employer should be held liable for your injuries. For a free, no-obligation consultation with a member of our team, give us a call at 732-363-0666. We will not charge you any attorneys’ fees unless we can connect you with compensation for what you’ve been through.

One Killed in Fatal Gloucester Township Motorcycle Accident

The unprotected nature of motorcycles, as well as their lighter weight and smaller profile, means that car drivers should be hyper-vigilant and aware of motorcycles so as to avoid crashes when driving. Motorcycle accidents can often be severe, leading to an increased risk of injury and death. While it is common knowledge that driving or riding a motorcycle is relatively more dangerous than driving a car or other four-wheeled motor vehicle over the same distance, the difference in safety is starker than you might think. According to some sources, riding a motorcycle can be up to 26 times more likely to die in an accident than someone in an automobile over that very same trip. The increased level of risk present in motorcycle riding should put car drivers on alert to exercise even more caution when out on the road. A recently published news report detailed a recent fatal motorcycle crash in Gloucester Township.

According to the recently published news report, the Gloucester Township accident occurred on the afternoon of Friday, June 2, when a motorcycle collided with a Ford Escape at the intersection of Brewster Avenue. According to law enforcement officials, The SUV was attempting to make a left turn onto the Black Horse Pike when the accident occurred. The police arrived on the scene and found the motorcyclist lying on the roadway. Police officers, an ambulance crew, and members of the Blackwood Fire Department attempted to revive the rider using CPR but were unsuccessful. The motorcycle rider was pronounced dead at the scene. According to the police, the motorcycle tried to avoid the collision but was unable to stop in time. The driver of the Ford Escape was treated at the scene for minor injuries and refused medical transportation to the hospital.

New Jersey makes use of a comparative negligence standard for personal injury cases. Comparative negligence is the legal concept that allows juries to apportion fault for a single accident to different parties and assign a percentage of the overall liability to each party. In New Jersey, in order to obtain a recovery award, an injured plaintiff must be found not more than 50% at fault for the injuries. Navigating the process can be complicated and difficult without legal expertise, so it is important to ensure that your claim is fully supported to ensure you receive the maximum award you are eligible for.

Have You Suffered Injuries in a New Jersey Motorcycle Accident?

Motorcycle injuries are often the most serious, with a much greater risk of fatal or disabling outcomes. If you or someone close to you has been seriously injured in a motorcycle accident as a driver or as a passenger, give our experienced legal team at Bathgate, Wegener & Wolf, P.C. a call as soon as possible at (732) 363-0666 for a free, no-obligation consultation. There are different insurance policy issues, and sometimes different laws that apply in motorcycle cases.  As riders and as experienced motorcycle accident attorneys, we can help you figure out if your accident was the fault of another driver or your equipment.  In the past, we’ve involved experts such as engineers and accident reconstruction professionals to prove our clients were not at fault.  If we take your case, all costs will be advanced for you and paid back at the end of the case. There will be no attorney fees charged to you unless money damages are recovered for you.


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

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

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

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.