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James P. Brady, Attorney at Law



                Certified Civil Trial Attorney 

Because You Need A Lawyer With Proven Results

 Practice Now Limted to Residential Real Estate


Recent Cases:

State v. JVT

Case Conclusion Date:  June 27, 2018

Practice Area:

Client/Defendant was arrested for DWI & Refusal to Take the Breath Test while at a local convenience store on 8/23/2016 & 8/29/2016. These were alleged 4th & 5th Offenses with a potential for one year in jail.   

On 8/23/2016, while investigating a potential DWI, the police let the Defendant go after questioning and advising the Defendant (who was with his brother) not to go out driving thereafter. But, the Defendant (again with his brother) did anyway, and once again, encountered the police at the convenience store and was arrested for DWI. At the police station, Defendant refused to take the breath test. 

Thereafter, on 8/29/2016, Defendant and his brother went to the convenience store again. The owner of the home, where they had been staying, called the police and alleged that both were intoxicated. The police arrested Defendant for DWI. Again, Defendant refused the breath test. 

Defendant missed several court appearances partially due to having been in the VA Hospital for an extended period of time. Client missed several court appearances partially due to having been in the VA Hospital for an extended period of time. 

Finally, in April or May, 2017, Defendant appeared in court in response to the charges. I was retained at the end of June, 2017. Discovery was demanded, but several key pieces of evidence to which the defense was entitled were not produced, for example, six (6) officers responded to the scene of Defendant's arrest, but bodycam footage was provided for only two (2) officers. There were other deficiencies in the discovery provided as well. Defendant had a prior history of three (3) DWI offenses (one in Florida in 1987) dating back to 1983. The last NJ offense was in 1985, which was not adjudicated until 2005. Defendant was facing his 4th & 5th DWI charges.  After three (3) court appearances (with no appearance by Defendant) and given certain deficiencies in the State's case, it appeared that Defendant's case could be resolved without jail time given the timing of the prior the DWI offenses. Once again, Defendant failed to appear in court and I was relieved as counsel. It seems Defendant went back to the VA Hospital, but didn't bother to tell anyone. In 2018, Defendant retained me again. Finally, the case was resolved applying statutory step-downs.

8/23 DWI - Not Guilty; Refusal - Guilty; Open Cont. - Dismissed. 8/29 DWI - Guilty; Refusal - Not Guilty. Sentence: Fines - $2,153. Suspend Drivers License - 2 yrs. & 10 Yrs (Concurrent); Community Service - 30 Days; Interlock - 13 Yrs. No Jail.

L.M. v. T. F.

Case Conclusion Date: 

January 9, 2019

Practice Area:

Civil Litigation - Chancery


In February, 2012, defendant’s mother died, leaving defendant a mobile home (worth about $30,000) in the same mobile home park, where defendant and her husband lived. The Mobile Home Park rules required that the owner be 55+ years of age and live in the mobile home. Defendant already lived there in her own mobile home. Rentals were prohibited, but a resident-owner could have roommates that were charged rent by the resident owner living in the mobile home.

Defendant needed to rent the mobile home and so transferred title to plaintiff, her son-in-law, for a recited price of $500. The son-in-law pretended to live in the mobile home and introduced two tenants to defendant. The tenants moved in and paid rent to defendant.

Son-in-law began to have financial problems due to his first marriage. Defendant was worried about her asset being in the son-in-law's name. Eventually, in September, 2015, title was transferred back to defendant with a recited price of $1,500.

Defendant's daughter and plaintiff divorced - proceedings that lasted from early 2016 to early 2018.

In the Spring, 2018, plaintiff discovered that the mobile home was for sale. Plaintiff sued defendant for return of title to the mobile home by OTSC, (which was denied), or alternatively, for damages. In the meantime, the mobile home was sold for $35,000. Plaintiff claimed that his name and signature had been forged to the title transferring title back to defendant.

Trial was held without a jury before the Hon. Francis Hodgeson, Jr., J.S.C. During trial, it was disclosed, and corroborated, that the mobile home had never been listed as a marital asset during the divorce. Further, defendant had always paid the ground rents to the mobile home park.

Plaintiff had no explanation as to why his then-mother-in-law (defendant) would transfer title to a $30,000 mobile home to plaintiff for $500, which all parties concurred was never paid.

No handwriting expert testified, although the defense entered exemplars of plaintiff's signature, which were similar to the signature on the title.


Decision for Defendant. Plaintiff's case dismissed.


B.M. v. A..O

Case Conclusion Date:  January 25, 2018

Practice Area:  Personal Injury

Description:  In April, 2016, client as going out from her apartment in a house in Seaside Heights to her car at approximately 2:15 a.m. on a cool, dry night.   As client started going down the steps from the front porch, and as client put her right foot on the first step, while  holding the rail, client  fell forward, tried to grab the rail again to stop the fall, but fell onto the blacktop of the driveway.  Taken to the E.R. and released later that morning.  Client had recently had back surgery in November, 2015 and at her last doctor's visit in March, 2016 reported that her back pain was gone.

On account of the accident, there was a claim for injuries as follows:   

a) Aggravation of pre-existing lumbar fusion at L4-5 requiring additional surgery for decompression and lumbar laminectomy on November 7, 2016 and additional surgery for the evacuation of a large epidural hematoma over top of the dura and three (3) hematomas in the lateral recesses;  b) Abrasion of left hand; abrasion of left knee; abrasion of left ankle; swelling over lateral  malleolus of left ankle; contusions and tenderness of chest wall at the level of ribs 4-5; pain and restriction of movement of left knee and left ankle; left ankle sprain; pain of chest and left rib(s);  fiberglass splint applied to left leg due to severe pain; plaintiff was provided with and instructed as to walking with a walker; 

c) Fracture of left fifth metacarpal; application of wrist splint to treat fracture.

Plaintiff's liability expert provided an opinion that there was a defect in the top step that caused Client to fall.

Defense liability expert provided an opinion that there was no defect and that the manner in which Client stepped from the top step caused the fall.

Plaintiff's medical expert provided an opinion that the injuries above were caused by the fall and that the prior back condition was aggravated by the accident necessitating further surgeries.

Defense medical expert provided an opinion that back problems were the natural progression of the pre-existing condition.

Outcome:  Settlement of $90,000.00.




Case Conclusion Date: January 8, 2018

Practice Area:  Workers Compensation

Description:  At the end of June, 2015, client  is injured lifting and throwing a wooden pallet at work sustaining inguinal hernia.  ER & hernia surgery in beginning of July, 2015 . Surgery was difficult.  Client had prior hernia.  Also, client had  pre-existing  mild ulcerative colitis that was under control.  After surgery, client begins to have increasingly frequent bowel movements with blood in stool/diarrhea.  In mid-October, 2015, two months after surgery, client has lost about 60 lbs. and is granted authority by  the workers compensation insurance company to go to the hospital, where client is treated for virulent flare-up of ulcerative colitis.  After release from the hospital, the workers compensation insurance company withdraws authorization for the hospitalization   leaving Petitioner with bills in excess of $40,000.  At the suggestion of counsel, client submits bills to health insurance company, which refuses because there was no pre-authorization. 

Ulcerative colitis continues  to accelerate in virulence and there are several more hospitalizations that result in the removal of clients bowels, a colectomy, rectal reconstructive surgery and a colostomy bag.

Petitioner's expert, an  internist in general practice, provides report that given the medical literature, the stresses of surgery can aggravate and accelerate the condition of ulcerative colitis, and thus, it is work-related. Respondent's expert gastroenterologist provides as report that acknowledges apparent causes of accelerated ulcerative colitis,  and that surgery can cause a temporary flare-up, but as there is no known cause for the condition in the first place, it cannot be said that the surgery caused the acceleration and aggravation in Petitioner's case.  Thus, not work-related.

Outcome:   Settlement - No admission of liability or causation by Respondent, but the bills from the hospitalization of October, 2015 are paid ($40,000 +/-) and Petitioner is paid a lump sum of $50,000  pursuant to Section 20 of the Workers Compensation Statute and Petitioner's claim is dismissed with prejudice.

K. H. v. DE CARO

Case Conclusion Date: October 11, 2017

Practice Area: Personal injury

Description: Client was a rear seat passenger in defendant's car. When client exited the car, her coat became caught in the door. Immediately, upon the door closing, defendant pulled away without looking to see if client was safely away from the car. As she did so, client was pulled & fell to the ground, landing on left shoulder and hitting head. After being dragged for a distance, defendant stopped when another passenger advised that client had fallen.

Client taken to ER by husband. Client sustained dislocated left shoulder and full thickness tear of left rotator cuff/ supraspinatus tendon with surgical repair. Client, also, began experiencing dizziness, memory loss, problems concentrating, balance and walking difficulties, altered mental status and black-outs.

Admitted to the hospital a month after the accident. Diagnosed with a mild traumatic brain injury in the nature of a left-sided subdural hematoma. Hospitalized for about one month. Cognitive rehab. in hospital. Bleeding on brain receded to pre-accident state. Cognitive deficits continued. Cognitive therapy for six months.

Permanency claimed on account of the left shoulder and cognitive deficits.

Client's case was complicated by client's pre-existing mental disability in the nature of bi-polar disorder and depression as well as the diagnosis of cerebrospinal fluid on the right side of the brain nine months before the accident.

Arbitration Award of $99,000.00.

Outcome: $140,000.00 Settlement



Case Conclusion Date:  August 18, 2017

Practice Area: Personal injury

Description: Client proceeding in left lane of travel westbound. Unidentified vehicle in right westbound lane waves a car intending to make a right turn exiting from a commercial driveway into the roadway. Vehicle exiting the driveway strikes client's vehicle on the right side and client's vehicle continues west across the eastbound lanes and strikes a utility pole. Client sustained a comminuted bimalleolar fracture and navicular fracture of the right ankle requiring surgery with the implantation of hardware.

Outcome: Total Settlement of $115,000 - Settlement of $100,000 against driver exiting driveway and $15,000 against uninsured "phantom" driver.



Case Conclusion Date:  May 3, 2017

Practice Area:  DUI and DWI

Description: Client suffered with permanent injuries including traumatic brain injury and broken back from an accident 3 years before is allegedly involved in a minor accident with car trying to pass him on the right. Client does not stop for miles as client is unaware that there has been contact and other driver appears to have "road rage." Client on medications. Arrested for DWI, Open Container, Reckless, Leaving the Scene & Failure to Report. Machine testing yields no alcohol. Drug Recognition Expert (arresting officer) determined client to be intoxicated due to medicines.

Outcome: DWI, Open Container & Leaving the Scene Dismissed. Plea of Guilty to Reckless & Failure to Report . Fines & 3 month suspension.


Case Conclusion Date: January 13, 2017

Practice Area:  Civil Litigation

Description: Defendant client in Florida (HVAC Contractor) was sued for damages, including punitive damages, by Plaintiff NJ company for breach of contract, interference with contractual advantage and interference with economic advantage. Client was subcontracted over the internet to perform work at a Hertz facility in Orlando. Dispute over due date of payment led to client seeking the assistance of Hertz getting paid. Allegedly, Hertz discontinued business relationship with plaintiff as a result.  Legally, ambiguities in a contract are construed against the party that prepared the contract, which in this case, was the Plaintiff.  Settlement overtures by Plaintiff were rejected by defendant client.

Outcome:  Client Wins.  Case Dismissed



Case Conclusion Date:  11/29/2016

Practice Area: DUI and DWI

Description:  Client arrested in Jackson Twp. for 3rd offense DWI within 1,000 feet of a school zone at night. Facing double penalties including 180 days in jail and 20 year driver's license suspension. Reading of 0.14% BAC. Filed a Petition for Post Conviction Relief regarding the first offense DWI guilty plea in Seaside Park. First Offense DWI guilty plea was vacated as it was defective.  As a result, the Jackson Twp. third offense charges became second offense charges.  Entered a plea of guilty to Jackson charge of second offense DWI (school zone enhancement dismissed.)

Outcome: Guilty to DWI Second Offense (school zone enhancement dismissed) of Factual Third Offense.  No jail.  Driver's License suspension of 2 years.



Case Conclusion Date:  12/1/2016

Practice Area:  Litigation


Commencing on or about March, 2005 defendant contracted with Client to inspect and provide preventative treatment for wood destroying insects at Client’s home. Extensive termite damage discovered in early March, 2016. Cost to treat and repair - $21,736.00

Outcome:  Settled by Payment to Client - $23,000.00



Case Conclusion Date:  09/21/2016

Practice Area: Personal Injury


Slip & Fall on icy sidewalk of Business Condo.  Client was an 82 year old man taking his friend to the eye doctor.  Complaints of prior falls that day to the doctor's office, which were passed on to the condo manager prior to the client's fall.  On and off freezing rain.  Client sustained comminuted fracture of the right superior pubic ramus and right inferior pubic ramus.  Hospital and rehab for almost eight weeks.  Presently, back pain, need to walk with cane, difficulty standing of sitting for periods of time, unsteadiness when walking & inability to climb or descend stairs (must crawl).  Bills of $45,000 paid by Medicare, which asserted $9,000 lien.

Outcome:  Settlement of $165,000.00



Case Conclusion Date:  08/11/2016

Practice Area:  Criminal Defense


Alleged twelve bad checks. Also, theft of goods by ordering knowing while knowing of inability to pay. Charged as an Indictable Crime (Third Degree), but downgraded after letter and documents from defense counsel to County Prosecutor. Tried in Municipal Court. Client claimed that checks were post dated 2 1/2 months before he was forced out of business due to tax liens. Complaining witness denied that the checks were post dated. Client denied ordering goods after he knew of impending business closure.

Outcome: Not Guilty on All Counts



Case Conclusion Date:  07/01/2016

Practice Area:  Criminal Defense

Description:  Second Degree Theft (Embezzlement) by President of Condo. Association by use of a computer (ATM machine).  Third Degree Theft (Failure to Make Proper Disposition of Property or Funds).  Indictment alleged theft of over $30.000.00.  Second Degree crime carries a presumption of State Prison of 7-10 years, if convicted.

Outcome:  Guilty Plea to Third Degree crime alleged in Indictment.  Second Degree Crime alleged in Indictment was Dismissed.
Sentenced to four (4) years non-custodial probation.  Restitution ordered in the amount of $25,595.00.


Case Conclusion Date: 06.16.2016

Practice Area: DWI

Description: Alleged DWI resulting from accident on AC Expressway. Defendant struck a vehicle entering the highway in the rear.  No Field Sobriety Tests; BAC Reading:  0.09%

Outcome: Case Dismissed.



Case Conclusion Date:  January 26, 2015

Practice Area:  Criminal Defense

Description:  At night, client becomes involved in a melee' when uninvited people arrive at an employee's house and start a fight.  During the fight, client is struck in the head with a bottle.  The police arrive and an officer attempts to restrain client from behind.  Client punches person who grabbed him from behind, not knowing it was a police officer.  Police Officer then announces his presence and orders client  to the ground.  Client complies.  Client charged with assault on police officer.

Outcome:  Case Dismissed.



Case Conclusion Date:  January 20, 2015

Practice Area:  Criminal Defense

Description:    At night, police officer stops client for broken tail light near reputed drug area. Client claims to be lost and is given a traffic warning. Client is observed a few minutes later stopped in an apartment complex speaking with several pedestrians. Officer stops client again for "suspicious activity" and orders client & passenger from car. Consent search reveals alleged drug paraphernalia (folded wax paper) in client's wallet, No drugs. No testing of wax paper. Motion to Suppress and Brief filed and Trial scheduled. State dismisses case prior to motion hearing.

Outcome:  Case Dismissed.



Practice Area: DUI / DWI

Description: Client arrested for DWI & Under the Influence of Marijuana after following a "low profile" police vehicle too closely, after the client thought the car had cut him off. BAC below the legal limit, so DRE testing results in the opinion that client was under the influence of marijuana. Client had consumed Claritan for allergies. Urine test was negative for drugs/opiates.

Outcome:  Case Dismissed. Plea of Guilty to Careless Driving, No Suspension.

Case Conclusion Date:  October 15, 2014


L. H. v. A. F.

Case Conclusion Date: August 4, 2014

Practice Area: Domestic Violence

Description: Domestic  Violence Temporary  Restraining Order obtained by ex-girlfriend v. ex-boyfriend. Claim of assault, claim that defendant tried to run plaintiff off the road & stalking. Amended during trial to add additional counts of assault & criminal mischief.  Claim of a total of five (5) criminal/disorderly persons offenses.

Outcome: Final Restraining Order Denied - TRO Dismissed. None of the offenses proven.



Case Conclusion Date: May 14, 2014

Practice Area:  Criminal Defense 

Description:  Client and friend were parked in the far end of a parking lot of a gas station/convenience store. Field inquiry by police officer resulted in the arrest of both on outstanding warrants. After both were cuffed and placed in the patrol vehicle, police search of defendants' car "incident to arrest" revealed marijuana. Defense filed a motion to suppress evidence based solely on police account of events.

Outcome:  Motion to Suppress Granted - Case Dismissed.



Case Conclusion Date: March 28, 2014

Practice Area:  Insurance

Description: Interpleader action in U.S. District Court by insurance carrier as the beneficiary of an ERISA life insurance policy was the son, who murdered his mother. My client was the other beneficiary. NJ "Slayer" statute to bar son from collection was not applicable due to ERISA and there was no federal "Slayer" statute. Crossclaim for client against son under federal common law. After filing of crossclaim, son disclaimed benefits of the policy.

Outcome: Payment of $90,742 to client



Practice Area: Traffic Ticket - Driving While License Suspended

Case Conclusion Date: March 26, 2014

Description: Minor parking lot accident at apartment complex. Charge of Driving while License Revoked. Mix up with MVC suspension and re-test letters.


Outcome: Case Dismissed



Case Conclusion Date: March 24, 2014

Practice Area: DUI / DWI

Description: DWI case. Client failed the field sobriety tests. First machine was out of service.   Second machine used in neighboring town.  Second machine provided a false reading.

Outcome: Directed Verdict of Not Guilty on the DWI charge. Plea of Guilty to Reckless Driving. Fine  Only. No Suspension of Driving Privileges.



Case Conclusion Date: November 12, 2013

Practice Area: DUI / DWI

Description: Client with Massachusetts license is stopped on Garden State Parkway and arrested for DWI and Reckless Driving. Field Sobriety testing was conducted and client allegedly fails. Client taken to State Police Barracks for breath test. The machine will not work properly. Client takes a second test at Barracks #2. Again, the machine will not work properly. Client takes a third test at a third location and the reading is 0.08% BAC, which is just over the legal limit. Issues regarding the field tests, the broken machines and the 20 minute observation period (CAD time of day vs. breath test time of day).

Outcome: DWI dismissed. Pleaded Guilty to Reckless Driving. 30 Days suspension of N.J. driving privileges and a fine.



Case Conclusion Date: November 11, 2013

Practice Area: Personal Injury

Description:  Plaintiff, age 7, fell while dismounting a floor model exercise bike at a Discount Retailer. Child sustained a fractures of tibia and fibula just above the ankle. No involvement of growth plates. Good Physical Recovery. The identities of the parties and the specifics of the claims are confidential pursuant to the settlement agreement.

Outcome: Settlement of $27,500.00


La MAGNA v. B.P.O.E.

Case Conclusion Date: October 16, 2013

Practice Area: Personal Injury

Description: Client fell on "black ice" at night while assisting another person into a car at local Elks Lodge and sustained spiral fracture of tibia. Liability disputed by witnesses. Good recovery.

Outcome: Settlement of $20,000.00



Case Conclusion Date: October 7, 2013

Practice Area: Criminal Defense

Description: 20 year old South African immigrant in US with parents since age of 7 is arrested for marijuana with 4 others. Client accepts conditional discharge and others walk. Two and a half months later, client arrested again for possession of marijuana, wandering and criminal trespass in another town. After consult with Public Defender, client pleads guilty to marijuana charge believing it will not affect immigration status. First case is reinstated for failure to comply with terms of conditional discharge.  Client to face original charge of marijuana possession. Two convictions will make client deportable & prevent Permanent Resident status at age 21. I filed a Petition for Post Conviction Relief and Motion to Suppress Evidence re: second conviction. Conviction for the second offense is vacated. Plea Bargain results in a plea of Guilty to two Borough Ordinances to resolve second case with dismissal of marijuana possession charge. First case that had been reinstated due to the second conviction is now dismissed as the Conditional Discharge is deemed to have been successfully completed. and case dismissed.

Outcome:  No convictions of any drug charges. Immigration status preserved.



Case Conclusion Date: May 31, 2013

Practice Area: Workers Compensation

Description: In 2011, Client, a Tile Mechanic/Installer, injured his neck and right shoulder while lifting a tool trailer hitch that was loaded with materials. Client is right hand dominant. Client's job requires heavy lifting, bending, kneeling and use of his upper extremities on a repetitive basis. As part of his job, Petitioner is required to lift loads of 80-120 lbs. from the floor to his waist and then, from his waist to his shoulder. Injury to Right Shoulder (surgery). Injury to Neck (Herniated Discs - Surgery).

Outcome: 50% Partial Permanent Disability ($158,400.00)



Case Conclusion Date: March 4, 2011

Practice Area: Government Contracts Litigation

Description: Suit against City of Trenton seeking to void award of $912,000 contract to bidder, which should have been disqualified and to award contract to client, the existing vendor, as lowest responsible bidder.

Outcome: Judgment for Client. Competitor disqualified. Contract award voided.  Ultimately, client wins contract through new bid process..