June 21, 2005

$525,000 for Fatal Accident

On June 2, 2005, $525,000 was awarded to the parents of a 21-year-old bicyclist found to have been dragged to death by a truck. Alexis Serrato was cycling on Morris Avenue to class at Kean University on Oct. 21, 2002 when the truck hit him and continued for about 270 feet before stopping.

The truck was driven by a delivery man for B&B Best Buy Foods and was making its rounds. The plaintiff argued that it was the dragging caused by Carr’s inattention that killed Serrato, who died shortly after the accident. Witnesses said they screamed and waved to get Carr’s attention as Serrato clung to the bumper. The jury found both sides at fault due to Carr’s inattention and Serrato for having veered into the crosswalk.
- Mary P. Gallagher, New Jersey Law Journal

June 15, 2005

$1.75M for Postal Van Crash Injury

A Lake Hiawatha woman agreed on May 10 to accept a $1.75M settlement for brain injuries sustained when a postal truck hit her car. Madeline Mercado’s sedan was hit on the driver’s side at the intersection of Route 46, Smith Road, and Littleton Road in Parsippany on January 12, 2002.

The postal truck had run a red light and as a result of the accident, Mercado suffered fractures in her face, eye socket and left arm. Now, she had problems with short-term memory and math skills.

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

June 5, 2005

$1.47M for Auto Fatalities, Injuries

$1.47M was awarded to the families of four teenagers who died and a fifth who was injured when their car was struck by a tractor-trailer, allegedly due to the Department of Transportation’s creation of a hazardous condition.

The five were driving on Route 7 in Jersey City on October 9, 2000 when the car crossed into oncoming traffic near the Wittpen Bridge, bounced off a curb and was struck head on by the truck.

The Plaintiff did not sue the truck’s owner because the truck was driven lawfully in its lane. Instead, Javerbaum brought suit against the DOT. He alleged that the agency created an unsafe condition.
- Michael Booth, New Jersey Law Journal

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June 1, 2005

$2.8M for Fire Death

$2.8M was awarded to the family of a fallen firefighter whom claimed that his death was caused by flaws in his protective clothing. In a house fire on January 1, 2001, James Heenan suffered burns on over 80 percent of his body and died about three months later.

The suit claimed that the burns were caused by steam generated by moisture trapped between the layers of protective material in his coat and pants. The plaintiff cited a study commissioned by the International Association of fire Fighters that showed the fabrics at issue broke down under certain conditions.
- Charles Toutant

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