Franklin Lakes June 15, 2011 THE VILLADOM TIMES I • Page 9 Council supports attorney fee cap, sidewalk immunity by Frank J. McMahon The Franklin Lakes Borough Council has passed resolutions supporting bills currently in the state legislature that would cap attorney fees in any litigation against public entities, and grant immunity to public entities for sidewalk injuries where the homeowner is responsible for sidewalk maintenance by ordinance. Senate Bill S2404 was sponsored by Senator Sean T. Kean (D-11 Monmouth) and co-sponsored by Senator Gerald Cardinale (R-39 Bergen) and is currently in the Senate Judiciary Committee. This measure would address the increase in public official and employment practices claims against municipalities by placing a cap on attorney fee awards in cases against public entities. According to information provided by the borough council, a 10-year closed claim study recently completed by the Municipal Excess Liability Joint Insurance Fund indicated that the cost of employment practices liability per employee jumped from $41 in 2000 to $485 in 2010, and legal fees historically represent over 70 percent of the cost. Sixty-five percent of those claims are for police, and the 2011 projected cost of those claims is $740 per police officer. John Farmer, dean of the Rutgers Law School and former New Jersey Attorney General, pointed out that even cases with marginal relevance are now being presented by plaintiffs’ counsels as having substantial settlement value in order to obtain attorney fees. As an example, he explained that, in a recent case, a New Jersey court awarded the plaintiffs’ attorney a fee of $450,000 even though the jury awarded his client only $20,000. He claims the explosion of employment practices cases will continue until reasonable caps are placed on legal fee applications. Assembly Bill A3431 was sponsored by Assemblyman John J Burzichelli (D-3 Salem Cumberland Gloucester) and co-sponsored by Assebmlyman Jack Connors (D-7 Burlington Camden). This bill, which is currently in the Assembly Judiciary Committee, provides that a public entity would not be responsible for sidewalk injuries where the homeowner is responsible for sidewalk maintenance by ordinance. Injuries that occur on sidewalks that abut commercial properties are the responsibility of the commercial property owner, but in a recent lawsuit the courts ruled that injuries that occur on sidewalks that abut residential properties are not the responsibility of the homeowner, even when the homeowner is responsible for the maintenance and repair of the sidewalk. In that same case, the courts ruled that the municipality, not the homeowner, is liable for accidents on defective sidewalks, notwithstanding the ordinance. Therefore, the council wants the legislature to adopt this bill so a public entity would not be responsible for sidewalk injuries where the homeowner is responsible for sidewalk maintenance per town ordinance. Sujatha Mohan and Ritika Gandhi will exhibit at the Gallery at The Presbyterian Church during the month of June. The show will be open Tuesday through Friday from 9 a.m. to 3 p.m. and Saturdays from 9:30 to 11:30 a.m. now through June 24. Mohan started painting seriously in 1999 while still in India under the guidance of a renowned Indian artist. The colors, sounds, and sights and folk art in India have been a major source of inspiration. She moved to Singapore in early 2001 and the tropical Exhibit features work of Mohan and Gandhi colors and the soothing stroke of Chinese brush painting inspired her to explore and express in different medium. Mohan is a member of the Ridgewood Art Institute and is learning the more traditional form of painting from Lorraine Minetto. While Mohan’s preferred medium is oils, she loves painting on silk and batik, and has dabbled in printmaking and mixed media. She has exhibited her oils, silk paintings, and Chinese brush paintings in Singapore. (continued on page 27)