New Jersey Injury Lawyer Blog

A Marlboro homeowner on Jan 31 received the final payment of a $787,500 settlement for a hand injury caused by a fall from a ladder. Carmine Visone climbed the ladder on Sept 2001 to try to plug in a newly installed garage door opener cord dangling from the ceiling.

He lost his balance and grabbed the metal door brackets, tearing off most of his pinky and slicing ring and index finger tendons. Visone, now 53, still has pain and grip problems that affect his eating, driving and other abilities. Visone sued builder Calton Homes of Freehold, the outlet installer, EB Electric of Upper Darby PA, and JW Shuster and Son of Plainfield, the opener installer, alleging the outlet was installed beyond reach of the cord.

The parties settled after private mediation with retired Appellate Division Judge John Keefe.
-Mary P Gallagher, New Jersey Law Journal

(In the extended entry you will find an example of interrogatory questions and answers for the plaintiff when a claim is filed. Please contact our office at 1-866-778-5500 if you have any questions)

Continue reading "$787,500 for Hand Injury, Garage door" »

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Posted In: Slips and Falls

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Survivors of a 39 year old Toms River man killed in a midair collision over Burlington Township settled a wrongful death suit on Jan 27 for $581,000. Angelos George, a US Navy civilian engineering program manager was one of 11 people killed on Aug 8 2000, when the Piper Navajo he was riding in collided with a Piper Seminole flown by a student pilot and an instructor.

The National Transportation Safety Board found each pilot at fault for not seeing the other plane.

(This information was obtained from the New Jersey Law Journal)

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Posted In: Airplane Accident

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A Mercer County jury awarded $1.95 million on Feb 3 in a suit over a childbirth injury. The suit charged that during delivery at University medical center at Princeton on March 8, 1998, obstetrician Robert Martin used excessive downward force on the baby's head when a shoulder became stuck, resulting in a brachial plexus injury. The child, Kyle Lubeski of Allentown, cannot raise his left arm over his head, has difficulty dressing himself and can't play sports.

The child requires physical therapy, underwent arm surgery and is expected to need more. The jury awarded $1.2 million for pain and suffering, disability and disfigurement, $600,000 for future lost wages and $150,000 for services by parents Karen and Brian Lubeski.
-Charles Toutant, New Jersey Law Journal

(In the extended entry you will find an example of interrogatory questions and answers for the plaintiff when a claim is filed. Please contact our office at 1-866-778-5500 if you have any questions)

Continue reading "$1.95M for Medical Malpractice, birth injury" »

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Posted In: Medical Malpractice

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Daimler Chrysler and a bread company's insurer agreed on Feb. 2 to pay a 5-year-old girl $2.54 million for permanent injuries suffered in an accident. Samone Cobbs was in her family's Chrysler Voyager van on March 15, 2002 when a truck hit it from behind on Route 138 in Wall Township, pushing it into oncoming traffic, where it was hit by another car.

Samone was riding in a car seat directly behind her father who was driving, and the impact with the other car caused the back of the driver's seat to snap, striking Samone in the head. She fractured her skull, began having seizures, suffered permanent neurological problems and attends a school for disabled children. Her parents were not seriously injured.

The suit alleged negligence by the truck driver and negligent design by DaimlerChrysler. DaimlerChrysler paid $2.24 million of the settlement. Of that, $1.7 million will go into an annuity, to be worth about $17 million over Samone's life-time.
-Michael Booth, New Jersey Law Journal

(In the extended entry you will find an example of interrogatory questions and answers for the plaintiff when a claim is filed. Please contact our office at 1-866-778-5500 if you have any questions)

Continue reading "$2.54M for Auto Injuries, child seat" »

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Posted In: Product Injuries

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A Burlington County jury awarded $2.5 million on Jan 28 to a woman for back injuries aggravated in a car accident and $500,000 to her husband. Tracy Johnson was driving on Route 130 in Bordentown on Nov 2001 when Benedict Scacetti of Bordentown ran a red light and struck her car, which hit a median strip, rotated in the air and landed on its tires.

Evidence was presented that the accident aggravated herniation and slipped vertebrae conditions in Johnson's cervix and back. Now 42, she is in constant pain, works reduced hours as a beautician and cannot engage in activities such as hiking as she did previously.

(This information was obtained from the New Jersey Law Journal)

Posted by Richard Console | Permalink | Email This Post

Posted In: Car Accidents

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A Middlesex County jury awarded $4 million on Feb 4 to a woman found to have suffered a brain-damaging stroke because doctors failed to order tests for her headaches. Over seven days in June 1996, Carlene Foster complained of headaches and vomiting to three doctors at HIP of New Jersey in Edison and to an emergency room doctor at JFK Medical Center, and on June 12, she suffered a stroke.

The jury found each doctor 25 percent liable. Superior Court Judge Yolanda Ciccone presided at trial. Foster's expert testified that a CAT scan, which would have shown pre-aneurysm bleeding, should have been ordered. The defense contended that her symptoms could have been attributed to migraine headaches and that the doctors did not deviate from standards of care by not ordering a CAT scan.

(This information was obtained from the New Jersey Law Journal)

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Posted In: Failure to Diagnose

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Debbie Mercatanti was awarded $750,000 in court ordered arbitration after having swallowed a piece of metal wire that was in a frozen rigatoni meal. The hospital extracted a one centimeter wire from her throat and she obtained acute swelling. She underwent six throat surgeries and sought $153,000 for medical expenses plus pain and suffering damages.

Rigatoni maker, Rico Pasta Co of NY rejected the award. He claims that there is no proof that the metal came from the pasta or the sauce served with it. Rico Past Co also said that it failed to keep maintenance records, although the defense stood strong in their belief that the plaintiff’s testimony was inconsistent.
- Charles Toutant, New Jersey Law Journal

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Posted In: Product Injuries

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On January 14, 2005, a settlement was reached between a part-time alarm company serviceman who suffered a left shoulder impingement falling on ice at a parking lot and the lot’s owner. Bryan VanVelson is to receive $515,000 for the incident that had occurred on February 8, 2001 when he was walking from his car to his job at Reliable Fire Inc in Old Bridge. VanVelson underwent two surgeries and has been unable to work since.

The suit claims that contractor best Cut Corp was negligent for not removing the ice four days after a snowstorm and the owner for not having provided proper lot lighting.
- John Covaleski, New Jersey Law Journal

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Posted In: Slips and Falls

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The Passaic Valley Water Commission paid $1.3M on January 4, 2005 to a former maintenance repair carpenter who claimed he was disabled by exposure to toxic chemicals.

In 2000, Gregg Hunziker was working on a project to modernize equipment in tunnels where Passaic River water is chemically treated and chlorinated for drinking use. His job was to drill through dried sludge, containing toxins and pollutants such as manganese, lead and mercury, but his argument was that of not having the proper protective equipment nor sufficient warning of this danger.

Hunziker started experiencing tremors, loss of grip strength, hand and leg weakness and other neurological effects symptomatic of Parkinson’s disease. He underwent therapy to leach the metals out of his blood and took a disability leave. To this day, he continues to take medication for his Parkinson’s disease-like symptoms.
- Mary P. Gallagher, New Jersey Law Journal

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Posted In: Work Injury

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