May 31, 2005

$3.5M to Injured Down’s Syndrome Passenger

$3.5M was awarded to a passenger who was injured in a van collision with a truck. On February 29, 2001, a van operated by GST of Southampton strayed into the oncoming-traffic lane on Main Street in Wrightstown and collided with a truck, causing severe head, face and leg injuries to Barbara Green.

Green suffered broken teeth, a severed tongue and a crushed larynx and will have to breathe through a tracheal tube for the rest of her life. A defense expert also stated that people with Down’s Syndrome have shorter than average life expectancies.

Green will receive $2.5M in cash and the remain $1M will purchase an annuity under the settlement reached after two conferences.

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

May 25, 2005

$2.9M to Bus Passenger

A Passaic County jury last Wednesday awarded $2.9 million to a bus passenger injured when a tire came loose from a car on Route 17 in Paramus and slammed into her window. The impact of her head with the window hurt her eyes so badly that she, Winsome McPherson, is legally blind.

Evidence showed that new tires had been installed on the car 69 days before the December accident. A witness for the installer testified that shop procedures guaranteed proper mounting. But Stone's evidence showed the lug nuts were not inspected for wear and the shop did not use a torque stick that would have ensured a tight fit. The jury returned a no-cause against the driver of the car, Louis Dolfinger, assessed 70 percent of the liability on tire installer, Mavis Discount Tires of New York and found the bus operator, Coach Leasing Co., a subsidiary of shortline of Mahwah, 30 percent liable.

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