March 30, 2006

$750,000 Failure to Diagnose Cancer, Radiology

Sara Hunt of South Orange was awarded $750,000 from her radiologist on a suit settlement of having failed to diagnose ovarian cancer, which led to the woman’s death. Hunt sought treatment from Dr. Michael Och for an enlarged abdomen. He diagnosed her with benign uterine fibroids after reading a January 2002 ultrasound test and again in June and December.

According to the suit, the ultrasound indicated an enlarged ovary, the June test indicated uterine cancer, and the December test showed that the tumor had doubled in size. Her primary doctor referred her to a gynecologic oncologist who diagnosed Hunt with ovarian cancer in January 2003. She underwent surgery and chemotherapy but died that July at age 43.

Expert testimony stated that the delay in diagnosis reduced Hunt’s chance of a cure from 40 percent to 20 percent. The defense did not argue the negligence, but stated that it made no difference in the outcome. Princeton Insurance paid the settlement of $750,000 to the Estate of Hunt.

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

March 29, 2006

Ford Motor Company Awards $26.2M for Car Accident

On January 10, 2002, Michael Boyle of Swoyersville, Pennsylvania crashed his passenger compartment into the rear of a Ford F-800 Truck. Automobile experts agreed that the flatbed truck had a faulty under-ride guard, the metal bar designed to stop cars at their bumpers so they don’t crash through to the passenger compartments when they hit trucks from behind.

Evidence shows that Boyle was traveling 22-31 miles/hour faster than the truck and that a proper under-ride guard wouldn’t have snapped.

Boyle sustained massive head fractures and suffers from depression and closed head injuries which disabled him from thinking quickly. He had to leave his job as an ironworker to work for his father at a fireplace supply store. The Passaic jury awarded him with $25M for pain and suffering, impairment and loss of enjoyment of life. The balance was a total of: $279,000 for loss of wages, $1.6M for future lost wages, $2,400 for medical bills.

Ford Motor Company was found 70% responsible and Garden State Engine, 30%. The court also decided that the crash would have been 2.5% worse if the guard had worked and was reduced from the total award.

The defense argued that a sole witness said that Boyle’s lights were off and was traveling up to 60 miles/hour with no attempt to brake. Before filing this lawsuit, Boyle stated that he must have fallen asleep and sustained an unsafe driving charge, which was never admitted at the trial. Ford’s attorney says that the company will appeal the court’s decision.

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

March 4, 2006

$386,205 to Tenant for Fall

A Union County jury awarded $386,205 on Feb 10 to a tenant who broke her wrist in a stairway fall. Ignacia Flores fell on Aug 20, 2003 as she was going to her basement apartment in Elizabeth, on concrete steps coated with glossy paint. In her suit, she claimed that the landlord, Jose Alvarez, disregarded a warning on a paint can that an adhesive agent should be added if the paint is used on stairs.

Flores couldn't bend her wrist after the accident and so missed seven months from her job as a movie theater ticket-taker. She underwent physical therapy, acupuncture and pain injections. The jury awarded Ms. Flores $33,205 for unpaid medical bills, $3,000 for lost wages, and $350,000 for pain and suffering.
- 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)

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March 3, 2006

$500,000 for Fatal Accident

A limousine company and a trucking company whose drivers allegedly caused a fatal accident agreed on Feb 14 to pay a $500,000 settlement. On May 4, 2004, a car owned by Joseph's Limousine Service of Whippany hit a vehicle on I-280 W in Essex County and crossed into the eastbound lanes. While trying to avoid the car, Ann Marie Sadavadge lost control of her car, which then stalled and was hit by a truck leased by Myers' Trucking Company of New York.

Sadavadge died almost instantly. She was unmarried and had no children. Lancer Insurance Company and Liberty Mutual Insurance Company will each pay $250,000.
-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 "$500,000 for Fatal Accident" »

March 2, 2006

$900,000 for Auto Injuries, psychological

A Scotch Plains woman who claimed she suffered psychological damage from injuries in a car crash accepted a $900,000 settlement fromt he other driver on Jan 27. Susan Linzer was stopped at a light on Willow Grove Road in Westfield on Dec 7, 2001, when her car was struck from behind by a car driven by Jane Kessler of Westfield.

Linzer said at the scene she wasn't hurt but later was taken to a hospital and diagnosed with a concussion. According to her expert's testimony, Linzer suffered from post-concussion syndrome, which led to depression and concentration problems and hampered her ability to work at her job as a bank teller.
- 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 "$900,000 for Auto Injuries, psychological" »

March 1, 2006

$3M for Car Negligence

A Middlesex County jury on Feb 16 awarded $3 million to a woman who suffered a lumbar disk herniation in a car crash. Teria Armstead of Edison was in the left lane of the Garden State Parkway approaching the Union tolls on July 12, 2002, when John Sonzogni, or Oradell, rear-ended her car. His vehicle had been side-swiped by Mattie Crosson of Hillside, who had crossed over the lanes.

Crosson blamed Sonzogni who she claimed came between her and the barrier, knocking her out of the way before hitting Armstead, but a state trooper's testimony refuted her version. The jury found Sonzogni negligent but Crosson solely at fault and liable for all the damages. Armstead is in almost constant pain from a herniation at L5-S1 and had to give up her delivery service and take a job as an administrative assistant. Crosson had claimed Armstead's back pain was caused by a 1996 bowling injury.

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