Verdicts and Settlements
TOP 20 PERSONAL INJURY AWARDS OF THE YEAR
Ten Honorable Mentions Over $2.5 Million
$2.5M in Truck-Crash Case
Doe v. Solid Waste Services
Inc.:
A trash hauling company agreed on March 3 to pay $2.5 million
to a motorist injured in a crash with one of its tractor-trailers, settling
a suit in Essex County.
[The motorist] was driving on the New Jersey Turnpike near Newark on July 23, 2001, when the truck tried to move from the left to the right lane, hitting the left front of his car. The car struck a guardrail, turned 180 degrees and lodged under the truck's trailer.
[The motorist] sued Solid Waste Services Inc. of Harrisburg, Pa., and its truck-owning subsidiary J.P. Mascaro & Sons, arguing the truck driver negligently changed lanes when [the victim]'s car was in his blind spot.
[The motorist] suffered severe clavicle and left hip fractures and a ruptured urethra that resulted in incontinence and partial sexual dysfunction. [He] is still employed as an administrator in Jersey City, but has nerve damage in his left foot, which makes walking difficult, said his lawyer, Gabriel Lependorf, of Lependorf & Silverstein in Princeton, who was assisted in the case by partner David Silverstein.
The defendants, represented by Stephan Fenster, a partner at Gallo Geffner & Fenster in Paramus, were prepared to contest liability and argue that [the victim] failed to undergo a medical procedure that might have mitigated his incontinence and sexual dysfunction.
The case had been listed for trial. The settlement was reached after two days of mediation with retired Superior Court Judge Edward Seaman.
The defendants had a $1 million policy with Wausau Insurance of Wausau, Wisc., and an excess coverage policy with AIG of New York.
- NEW JERSEY LAW JOURNAL, September 15, 2003
$375,000 for Injuries in Slip and Fall Accident
| MEDIATED SETTLEMENT | $375,000 |
| CASE | Doe v. Canal Pointe Condominium Association and The Brickman Group LLC, No. MER-L-2159-04 |
| COURT | Mercer County Superior Court, NJ |
| JUDGE | Paul T. Koenig |
| DATE | 10/29/2007 |
| PLAINTIFF ATTORNEY(S) | Gabriel R. Lependorf, Lependorf & Silverstein, P.C., Princeton, NJ |
| DEFENSE ATTORNEY(S) | Joseph K. Cobuzio, Tomkins, McGuire, Wachenfeld
& Barry, Newark, NJ (The Brickman Group LLC) Kenneth Courtney, Law OFfices of Edward H. Keiper, Pennsauken, NJ (Canal Pointe Condominium Association) |
Facts & Allegations At 10:45 a.m. on Jan. 27, 2004, the plaintiff - a resident of Canal Pointe condominium community in West Windsor Township, opened her garage door and walked down her driveway to toss a bag of garbage in the trashcan. She slipped on black ice and fell, injuring her wrist.
The Canal Pointe Condominium Associated, responsible for coordinating snow removal, had hired out The Brickman Group LLC to conduct the actual removal.
The plaintiff sued Canal Pointe Condominium Associated and The Brickman Group. Property management expert Fred J. Malone determined, through discovery, that both defendants were negligent for knowing about condition. Plaintiff had been on the priority list for snow and ice because she had a steep driveway.
Counsel argued that the association manager should have been more familiar with the weather conditions and know of the premises, counsel alleged, and failed to take due precautions.
During deposition, The Brickman Group's crew chief said that he knew of that morning's icy condition and added that it was not unusual to visit the condo association even when it hadn't snowed.
The Brickman Group denied liability. As they'd been at the premises the day before, at 3 p.m., counsel argued that the crews did their part to maintain a safe condition.
Even if Brickman had applied salt or calcium chloride the day before, counsel argued that it would not necessarily have changed the condition of the plaintiff's driveway the following day. Climatology expert Frank Lombardo found that the ice formed just prior to the plaintiff's fall due to freezing precipitation.
Brickman's crews only visited the association whey they were called and asked. They had not been called the morning of the plaintiff's fall.
Canal Pointe Condominium Association also denied liability, arguing that the condition arose rapidly, leaving no time for action prior to the plaintiff's fall. An expert determined that there'd been freezing rain 30 minutes prior to fall, which did not leave enough time for the association to correct the situation.
Counsel argued that the plaintiff bore comparative negligence; she should have been more careful.
Injuries/Damages wrist
The plaintiff suffered a Caleazzi-type radius fracture in her left hand. Within
the year she underwent two open reduction internal fixation surgeries on
her left hand. The second was to correct a failed first surgery. In May
of 2007, she underwent a third surgery to remove the hardware.
Dr. Lee Ostermand, a hand specialist, reported that the surgeries were necessary and entirely related to the fall.
She claimed loss of range of motion in the hand, minor deformity, and resultant weakness that caused difficulty cooking and cleaning.
The defense contested the severity of the injury, opining that due to a preexisting condition of lupus and rheumatoid arthritis she suffered all the problems before and after the fall.
Alan Sarokhan, a hand specialist, determined that while the injury was caused by the accident, the plaintiff had extensive pre-existing problems. Previously, she'd undergone a number of surgeries on both hands.
| RESULT | During the mediated settlement with attorney Louis DeMille,
Canal Pointe Condominium Associated agreed to pay $335,000 and The
Brickman Group LLC agreed to pay $40,000. |
| PLAINTIFF EXPERT(S) | Fred J. Malone, property management, Wayne, NJ A. Lee Osterman, M.D., hand surgery, Philadelphia, PA |
| DEFENSE EXPERT(S) | Frank P. Lombardo, meteorology/climatology, Hackettstown,
NJ Alan J. Sarokhan, MD, orthopedic surgery, Summit, NJ |
| EDITOR'S NOTE | This report is based on an interviews with plaintiff's counsel and defense counsel. |
- Stephen Kurczy
$300,000 for Fall from Window
Luciano v. Wood Street Housing Partners:A Mercer County judge approved a $300,000 payment on Aug. 31 to a child who fell from an apartment window that lacked window guards despite his mother's request for them.
On May 13, 2001, 3-year-old Carlos Luciano Jr. fell from the second story of the Esperanza Apartments in Trenton. He broke no bones but about four months later, his mother Gladys Aranzazu, noticed he had problems with hyperactivity, attention deficit, violent behavior and sleeplessness, and a psy¬chologist diagnosed post-traumatic tem¬poral lobe epilepsy, according to the suit.
Aranzazu had checked off a box to request window guards on a 1998 lease addendum but the guards were never installed, says the family's attorney, Gabriel Lependorf of Princeton's Lependorf & Silverstein.
Aranzazu sued the owners, Wood Street Housing Partners, and the man¬agement company, Interstate Realty Management of Marlton.
Proving causation would have been complicated by a family history of psy¬chiatric problems, says Lependorf.
Defense counsel Robert Rue, a Tuckerton solo, says Aranzazu admitted to treating physicians that Carlos' prob¬lems predated the accident.
Superior Court Judge F. Patrick McManimon approved the deal, to be paid by Admiral Insurance Co. It includes $50,000 for Aranzazu and a structure that will pay Carlos a total of $600,168 by age 40, starting with $50,000 at age 18.
By Mary Pat Gallagher - NEW JERSEY LAW JOURNAL, September 18, 2006
Bicyclist fell avoiding pickup truck, damaging both wrists
| SETTLEMENT | $225,000 |
| CASE | Jonathan Vogel v. Cheryl Davis, No. ESX-2104-05 |
| COURT | Essex County Superior Court, NJ |
| JUDGE | Theodore A. Winard |
| DATE | 8/14/2007 |
| PLAINTIFF ATTORNEY(S) | David E. Silverstein, Lependorf & Silverstein, P.C., Princeton, NJ |
| DEFENSE ATTORNEY(S) | Chad B. Sponder, Hardin Kundla, McKeon & Poletto, P.A., Springfield, NJ |
Facts & Allegations On July 24, 2004, plaintiff Jonathan Vogel, 34, rode his bicycle down Wyoming Avenue in South Orange, with his two-year-old son strapped in a children's seat on the back. As Vogel was about to pass Redmond Road, a black Toyota pickup made a right turn in front of them. In order to avoid contact with pickup, Vogel veered sharply off the shoulder and into a grassy yard, where the bicycle fell to the side. Vogel extended both hands to break the fall.
Two bystanders ran after the truck and stopped the driver, Cheryl Davis, who later said she hadn't stopped because she hadn't felt anything: the pickup and the bicycle never made contact.
Vogel suffered abrasions and scrapes, and his helmet even cracked, but his child was fine. Within months, the real estate developer and avid bicyclist realized that his wrists were not healing.
"He's the type of guy that, on his honeymoon for instance, went to Alaska and hiked through the woods," plaintiff's counsel later commented.
Vogel sued Davis for motor vehicle negligence, alleging that she suddenly turned right and left him no choice but to steer off the shoulder. Counsel argued that a motorist has the duty to yield to bicyclists.
The defense contested liability. Davis said she thought she had enough time to turn. The defense argued that Vogel should have been aware of the pickup and slowed to allow Davis to make the turn.
INJURIES/DAMAGES
Jonathan Vogel sustained ligament damage in both wrists. He didn't seek
medical attention for several months, but by September he realized that
his wrists were not healing and sought medical treatment.
Vogel underwent arthroscopic surgery on March 9, 2005, but it helped little. On Dec. 12, 2006, the right-handed attorney underwent a second surgery to his right wrist, called Blatt Catsulodesis, which includes internal fixation with pins. On Feb.1, 2007, he had the hardware removed.
Vogel missed no work. All medicals were covered by PIP.
Vogel claimed pain and suffering; he still has pain in the wrists.
The physician for the second surgery, Scott W. Wolfe, M.D., determined that Vogel would suffer permanent residual pain.
"It's not like he's a concert violinist or a pitcher," plaintiff's counsel David Silverstein, later said. "He has trouble using his computer mouse and trouble playing tennis and kayaking.?
The defendant's medical expert, Ross J. Fox, M.D., basically agreed that the Vogel needed the second surgery, saying, "I will concede to Dr. Wolfe's recommendations on this patient."
Silverstein later added, "It was refreshing to get a doctor who agreed with Dr. Wolfe and agreed that this guy was really hurt and needed the surgery."
| RESULT | Cheryl Davis held a $250,000 policy with Encompass Insurance Co. Jonathan Vogel settled for $225,000. |
| INSURER(S) | Encompass Insurance Co. |
| PLAINTIFF EXPERT(S) | Scott Wolfe, M.D., orthopedic surgery, New York, NY |
| DEFENSE EXPERT(S) | Ross Fox, M.D., orthopedic surgery, |
| EDITOR'S NOTE | This report is based on an interview with plaintiff's counsel. The defense did not respond to phone calls |
- Stephen Kurczy
Arbitrator Awards $1.2 Million for Neck, Back Injuries in Car Crash
Poole v. National Fire Insurance Co. of Pittsburgh: An arbitration panel on June 4 recommended an underinsured motorist's insurance award of $1.2 million for a woman's neck and back injuries in a rear-end car crash, though the plaintiff will recover only $900,000 in UIM benefits.
Sharon Poole, a saleswoman, was driving a company vehicle on Route 130 in East Windsor on April 25, 1997, when it was hit by another car, says her attorney, Gabriel Lependorf.
Poole, 49, formerly of East Windsor and now of Doylestown, Pa., had two disc removals and vertebrae fusions, and a vertebrae decompression. She is unable to work because of her injuries, says Lependorf, who handled the case together with David Silverstein, his partner at Lependorf & Silverstein in Princeton.
Allstate Insurance Co., the carrier for the other car's driver, paid Poole its full $100,000 bodily injury coverage. Poole then sought UIM coverage from National Fire Insurance Co. of Pittsburgh, the insurer for her employer at the time, Moore North America of Parsippany.
When National Fire refused Poole's request for its $1 million policy limit, she sued in Mercer County Superior Court. The case was referred to binding arbitration, as the policy required in coverage disputes, Lependorf says.
National Fire paid $900,000 because it was able to count Allstate's $100,000 payment as a credit, says Lependorf.
National Fire's attorney, John Sawicki of Stevens & Schwab in Secaucus, did not return calls for comment.
- NEW JERSEY LAW JOURNAL, June 14, 2004
Residual Problems from C2 fracture only issue left for trial
| SETTLEMENT | $375,000 |
| CASE COURT JUDGE DATE |
Anthony Giordano v. Joseph Barresi, No. MRS-L-1036-01 Morris County Superior Court, NJ W. Hunt Dumont 7/21/2003 |
| PLAINTIFF ATTORNEY(S) | Gabriel R. Lependorf, Lependorf & Silverstein, Princeton, NJ |
| DEFENSE ATTORNEY(S) | Joseph E. Kelley, Maloof, Lebowitz, Connahan & Oleske, Chatham, NJ |
FACTS AND ALLEGATIONS On Aug. 29, 1999, at approximately
9:30 p.m., a plaintiff Anthony Giordano, a 66-year-old retired vice president
for Chase Manhattan bank, was driving his 1997 Honda Prelude west on Sunset
Road in Pequannock Township in Morris County. Joseph Barresi was driving
his 1996 GMC Jimmy 4X4 north on West Parkway. Barresi came to a stop sign
at the corner of West and Sunset and allegedly ran it, striking Giordano
on the driver's side.
Giordano sued Barresi for negligence.
Barresi did not contest liability.
INJURIES/DAMAGES depression; fracture; odontoid process
Giordano sustained a fracture of the C2 odontoid. He had a transverse process,
requiring two months in a hard collar and two more months in a soft collar.
He spent eight days at Morristown Memorial Hospital and 16 days at the Kessler
Institute for Rehabilitation. His medicals were in excess of $70,000, but
were all covered by the no-fault carrier. There was no lost-wage claim.
He claimed significant residual problems from the fracture and depression.
Barresi claimed that the fracture healed well with only minor residual problems
and disputed Giordano's alleged depression.
| RESULT | The parties settled for $375,000 |
| INSURER(S) | State Farm for Barresi |
| EXPERT(S) | None reported |
EDITOR'S NOTE Defense attorney Joseph Kelley was out of the office for personal reasons and did not contribute to this report.
- New Jersey Reporter-Alison Love
$370,000 for Injuries in Car Accident
| SETTLEMENT | $370,000 |
| CASE | Malhotra v. Paula Massberg, No. L-264-05 |
| COURT | Mercer County Superior Court, NJ |
| JUDGE | Mary C. Jacobson |
| DATE | 7/25/2007 |
| PLAINTIFF ATTORNEY(S) | Gabriel R. Lependorf, Lependorf & Silverstein, P.C., Princeton, NJ |
| DEFENSE ATTORNEY(S) | Keith Bursack, Law Office of Doreen Ryan, Wall, NJ |
Facts & Allegations On Dec. 23, 2003, at approximately noon, plaintiff Vivek Malhotra, a software engineer, 48, was driving a sedan in the left hand lane on Route One South in West Windsor Township. Near the road's intersection with Harrison Street, a vehicle being driven by Paula Massberg came from plaintiff's right, pulled in front of his lane of travel and came to a stop. Malhotra could not stop in time and a collision occurred.
Malhotra sued Massberg, alleging negligence.
Defendant stipulated to liability, but disputed the nature, causation and extent of the claimed injuries. This case was a no-threshold, or zero threshold, matter.
Injuries/Damages Malhotra sustained a neck strain that nearly fully healed. He also suffered from a left (non-dominant) thumb basal joint injury that was treated with two steroid injections and only gives plaintiff pain with increased activity. The plaintiff also suffered left foot neuropathic paresthesia that began to give him trouble approximately four months after the accident but continues to cause a near constant electrical feel in his inner left foot and heal. No treatment has been rendered for this problem. The plaintiff's expert opined that Malhotra's injuries healed except thumb may continue to give him ongoing pain.
The defense argued that the injuries were preexisting or degenerative based on MRI film. The defense expert opined that the neck and thumb problems resolved. The expert admitted that the foot condition was related to the accident but opined that he suffered no pain or disability from the condition.
Result The jury found that the plaintiff sustained injuries arising from the accident. Malhotra was awarded $370,000.
| RESULT | $370,000 |
| DEMAND | $40,000 |
| OFFER | $25,000 |
| INSURER(S) | Allstate |
| Trial Details | Trial Length: 2 Days Jury Deliberations: 1.5 Hours Jury Poll: 6-0 Jury Composition: 1 male, 5 female |
| EXPERT(S) | Plaintiff: Richard Chang, M.D., orthopedics, Bridgewater,
NJ (Gabriel R. Lependorf) (treating) Defense: Thomas K. Bills, M.D., orthopedics, Lawrenceville, NJ (Keith Bursack) |
- Written By Ivan Alexander
Additional Verdicts and Settlements
Logan v. Porter - On August 30, 2005 Robert Logan accepted a settlement of $400,000.00 for injuries that he sustained in an automobile accident on July 9, 2002. Mr. Logan sustained soft tissue injuries to his neck and back and alleged a closed head injury. Although Mr. Logan lost no time from his employment at Princeton University, he complained of memory deficits and post-traumatic headaches. His attorney, Gabriel R. Lependorf, was successful in proving that although he lost no time from work, his quality of life was impacted due to his injuries.
Dog Bite Victim - $167,100.00 (name witheld as plaintiff a minor). On August 2, 2005 the parents of a four year old girl accepted a settlement that will result in a total payout of $167,100.00. The settlement was approved by a Mercer County Superior Court Judge. The minor was injured when a friend's dog bit her upper lip, resulting in a two centimeter scar that was stitched under local anasthesia. Attorney David E. Silverstein was successful in using demonstrative evidence to obtain this excellent result without the need of putting the minor through diffucult adversarial court proceedings.
Bridgen v Ablett - On August 23, 2005 John Bridgen accepted a settlement of $200,000.00 for injuries he sustained while bicycling in Franklin Township, New Jersey on October 12, 2003. Mr. Bridgen sustained a fractured orbital bone, a fractured clavicle and a fracture to his left thumb when his bicycle was struck by an automobile operated by the defendant.
Call Lependorf & Silverstein today for a free consultation.
