April 20, 2005

$1.2M for Industrial Accident

A punch press operator who lost all four fingers on both hands in an accident will receive $1.2 million under a structured settlement concluded last Monday. The suit alleged that faulty wiring at Library Bureau Steel Inc. in Vineland caused the press to crash down on employee Malden Homar's hands on May 23, 2001, leaving him with only thumbs.

Homar sued Cincinatti Inc, the manufacturer of the press, Scalfo Electric Inc, a company that performed electrical work on the press, and the plant owner. The suit alleged that Scalfo Electric should have detected faulty wiring. Cincinatti Inc was released as a press more than 50 years ago and the plant owner had made modifications without its knowledge or agreement.

Scalfo Electric's carrier, Zurich US, agreed to settle the case for $900,000. Homar will receive a $35,000 lump sum payment. The remainder will be placed in an annuity, which will be worth $1.2 million over the course of his lifetime. Library Bureau's carrier, the New Jersey Manufacturer's Insurance Co., agreed to reduce Homar's workers' compensation lien to $180,000 from $725,000.

Homar agreed to the settlement, shortly before the case was set to go to trial with Camden County Superior Court Judge Ronald Freeman.
- 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 "$1.2M for Industrial Accident" »

April 19, 2005

$1.63M in Auto Accident Injuries

A Saddle River woman received $1.63 million on April 6 in settlement of a suit over hip and knee injuries suffered in a head-on collision. Susan Kocenko, then 49, was driving south on East Allendale Road in Saddle River on Jan 2, 2001 when her Lexus LS was hit by a Lincoln Navigator whose driver lost control. Kocenko was pinned between the dashboard and console, underwent hip and knee surgery and continues to suffer pain and psychological trauma.

Kocenko, who was looking for a job as a speech pathologist at the time, cannot work because of mobility and concentration problems. Further, the injuries have significantly impacted her lifestyle, as she uses crutches and has difficulty with routine activities such as loading the dishwasher.

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

April 11, 2005

$928,440 for Auto Injuries

An Essex County jury awarded $1.03 million on March 24 to a man who suffered broken bones in a traffic accident, but reduced the verdict by 10 percent after finding him comparatively negligent. Patrick Tierney broke his right wrist and ankle in March 2001 when his car collided with a box truck on Pulaski Street in Bayonne. He claimed that the other driver, Chun Wei Li, an employee of ASW Transport of Bayonne, made an improper left turn. Li countered that Tierney was speeding and crossed the center line.

Tierney, a forklift operator, has not worked since the accident. the jury found damages of $131,600 for past lost wages; $250,000 for future lost wages; $550,000 for pain, suffering, disability, impairment and loss of enjoyment of life; $100,000 on a per quod claim by Tierney's wife, Susan. The jury attributed 90 percent of the negligence to Li and 10 percent to Tierney, reducing the award to $928,440

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

April 10, 2005

$1M for Premises Injury, Assault

A Cumberland County jury on March 22 held a tavern liable for injuries to a patron beaten in a parking lot brawl and awarded the plaintiff $1 million. Ishmael Negron was a passenger in a car leaving Eugene's Tavern in Vineland on March 20, 1999, when the vehicle was stopped by a group of men. Negron got out, was attacked and suffered a fractured skull that left him with hearing and cognitive losses.

Negron was a warehouse worker before and after the accident and lost $6,000 in wages, but suffered massive pain and suffering. Superior Court Judge Georgia Curio presided at trial, at which the chief issue was whether the tavern failed to provide the requisite security. Evidence was presented that three security guards were on duty that night and the attack was unfortunate, but not the bar's fault.

The plaintiff says his evidence showed one of the guards purpostedly on duty that night was actually in jail at the time. The jury voted 8-0 to award $1 million for pain and suffering.
- Henry Gottlieb, 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 "$1M for Premises Injury, Assault" »

April 7, 2005

$3M for Airplane Accident, Engine Failure

Three people injured in a Virginia plane crash settled claims for $3 million on March 16, bringing to $10 million the total paid in the case. The plane was en route from North Carolina's Outer Banks to Ocean County when it crashed in a field in Nassawadox, Virginia on April 28, 2000.

The pilot's attorney blamed the crash on engine failure. The plane had been recalled to test for crankshaft cracks, and faulty instructions caused improper reassembly of the engine. Teledyne Continental Motors, the Mobile, Alabama based engine manufacturer, blamed the crash on pilot error and maintenance failures. The settlement pays $1.5 million to John Carey of Dover, Delaware who fractured his ankle; $750,000 to Jane Savastano of Hawthorne, who fractured her spine and ankle; and $750,000 to pilot Jack Pizzolato, of Toms River, who broke his back, neck, and right leg.

A fourth person, Wayne King of Manahawkin, who was left partially paralyzed, settled for $7 million. Of the $10 million settlement, Teledyne will pay $4.75 million; Ocean Aire Inc in Toms River, which performed the recall testing, $3 million; Pizzolato, $2 million; and Lakewood Aircraft Services in Wall, which did an annual inspection after the recall, $250,000.

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