Recent Case Results
Plaintiff Cases:
1) $750,000 settlement. A 52-year-old gentleman slipped and fell on ice while taking out the trash in an apartment complex. He suffered a fracture of the wrist which resulted in surgery that involved the insertion of a plate and screws. Due to a non-union of the fracture, the claimant underwent an additional surgery which left him with a permanent disability of the left hand and wrist.
2). $500,000 settlement. The client, a 43-year-old gentleman was involved in a motor vehicle accident that resulted in two cervical disc herniations requiring a cervical fusion at two levels. Prior to commencing trial, the case settled for the defendant’s liability policy limits.
3). $400,000 settlement. The client, a 26-year-old gentleman was involved in a motor vehicle accident that resulted in a small disc protrusion in the cervical spine (non-surgical), a mild concussion in the questionable fracture of a rib. The client underwent extensive physical therapy and his orthopedic surgeon opined that he would need surgery for the cervical spine in the future.
4). $295,000 settlement. The client, a 48 year old gentleman suffered a fracture of the left scaphoid bone in the wrist necessitating therapy and ultimately, surgery to repair a non-union of the fracture. The client also suffered a lumbar sprain. The case settled for the defendant's liability limits of $200,000 (combined PD and BI coverage). The client's UIM claim settled for an additional $95,000 with his automobile insurance carrier.
5). $250,000 settlement. The client, a 57-year-old gentleman was involved in a motor vehicle accident causing injuries to his cervical spine. Client had significant pre-existing degenerative disease in the spine which was aggravated from the trauma in the accident. The client underwent a cervical fusion. The case settled with the tortfeasor’s insurance carrier for $100,000, the available liability policy limits. The client’s UIM claim settled for an additional $150,000, which represented the full amount of UIM benefits available under the client’s policy.
6). $250,000 settlement. The client, a 38-year-old gentleman was a passenger in a motor vehicle accident that caused injuries to his cervical and lumbar spine. The client underwent a cervical fusion. The client did not own a motor vehicle and did not have motor vehicle insurance. The case settled with the tortfeasor’s insurance carrier for $100,000, the available liability policy limits. The client’s UIM claim settled for an additional $150,000, which amount represented the full UIM coverage available under the host policy to cover the vehicle the client was riding in at the time of the accident.
7). $150,000 jury verdict. The client, an elderly woman in her early 70’s was walking through a parking lot to go into a commercial building. A parking gate activated and bumped her on the head, causing her to suffer vascular headaches due to spasm. In total, she attended approximately five visits to a neurologist. An MRI of the brain was negative. The defendants “no-paid” the case. At the conclusion of trial, the jury returned a verdict of $150,000 in favor of the plaintiff as pain and suffering for chronic headaches resulting from the accident.
8). $40,000 jury verdict in a verbal tort threshold case. The client, a gentleman in his early 30’s was rear-ended in a motor vehicle accident on the Garden State Parkway in Essex County. This accident was his second motor vehicle accident in 10 months - in the prior accident, he suffered injuries to the cervical spine that involved a strain and sprain, a disc herniation and disc bulging, which necessitated extensive physical therapy and injections. For the subject (second accident) the defendant’s insurance carrier (Allstate) “no-paid” the case and relied on the verbal tort threshold defense. Following a jury trial, the jury returned a verdict in favor of the client in the amount of $40,000 to compensate him for pain and suffering. After trial, the case settled for the $40,000 verdict, plus pre-judgment interest.
Defense Cases:
1). Dismissal of Plaintiff’s Case on Summary Judgment. Plaintiff sued the Dover Township Fire Department and several firefighters for damage to a commercial store on Route 46 in Dover, New Jersey. Following extensive litigation that included depositions of numerous fact and expert witnesses, defendants moved for Summary Judgment. After oral argument, the Court dismissed plaintiff’s lawsuit with prejudice, finding that defendants were entitled to Summary Judgment.
2). Dismissal of Plaintiff's slip and fall case on Summary Judgment. Plaintiff, a minor who slipped and fell in the Hawthorne Township Fire Department, brought suit against the Borough of Hawthorne and the Fire Department to recover for personal injuries. After extensive litigation, defendants filed for Summary Judgment. Following oral argument on the motion, the Court granted Summary Judgment in favor of the Borough of Hawthorne and the Fire Department, finding that plaintiff’s claim was barred by the New Jersey Tort Claims Act. Consequently, plaintiff’s lawsuit was dismissed with prejudice.
3). Jury Verdict - No Cause for Action Dismissing Plaintiff’s Lawsuit. The plaintiff, a gentleman and his 50’s, filed suit to recover personal injuries arising from a motor vehicle accident. Plaintiff asserted that he suffered serious injuries to his cervical and lumbar spine which necessitated surgery. During final settlement discussions and just prior to starting trial, plaintiff demanded $300,000. Defendants rejected the demand. After a lengthy jury trial, the jury returned a verdict of no cause for action against the plaintiff, finding that the plaintiff was more than 50% at fault for causing the accident. Plaintiff received no recovery and his lawsuit was dismissed with prejudice.
4). Jury Verdict - No Cause for Action Dismissing Plaintiff’s Lawsuit. The plaintiff, a gentleman and his 40’s, filed suit against his neighbor (the client) based upon an assault with a snow shovel. Plaintiff and the client had a long-standing feud between them. Defendant was shoveling snow off of his driveway and threw some snow near, but not on the plaintiff’s property. Plaintiff came out of his home and confronted the client. After words were exchanged, the plaintiff lunged toward the defendant, who raised the snow shovel over his head and moved it downward to protect himself from the plaintiff’s attack. The snow shovel struck the plaintiff in the forehead, causing a deep laceration requiring sutures. At trial, the plaintiff claimed he suffered chronic headaches, a deep laceration to his head and had permanent scarring on his forehead. After a jury trial, the jury returned a verdict of no cause for action against the plaintiff, finding that the plaintiff was more than 50% at fault for causing the incident. The jury also found that the defendant did not intentionally assault the plaintiff. Plaintiff received no recovery and his lawsuit was dismissed with prejudice.
5). Minor settlement of $14,000 during trial. Plaintiff, a former employee of a private healthcare company, filed suit against the company, its management and several limited partners, seeking damages in excess of $500,000 for breach of contract, retaliation and violations of CEPA and the NJ LAD. After settlement negotiations failed, the case proceeded to jury trial in Passaic County. After extensive cross-examination of plaintiff was completed, during a break in the proceedings the case settled for $14,000, which amount represented a nuisance value paid at the urging of the trial judge to conclude the case.