New Jersey Injury Lawyer Blog

A recent article in the New Jersey Law Journal indicates that a Spring Lake Heights woman accepted a $300,000 settlement on June 12 for a neck injury in a two-car accident. Dawn Pizzolato was hurt October 29, 2003 on route 71 in Manasquan when Franklin Leighton turned left onto the road and struck her car on the driver's side. Leighton was found guilty of careless driving.

Pizzolato sued Leighton in Monmouth County over herniated and bulging disks and a shoulder injury. She had surgery to remove bone from her hip for grafting near a metal plate in her neck. Pizzalato now has limited movement of her neck and tingling and numbness in her left arm.

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

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On June 1, 2005, a Bedminster woman agreed on a settlement of $975,000 for brain injuries sustained from a head-on auto collision. On April 30, 1998, on Route 206 in Chester, an oncoming vehicle crossed the center line and hit Gail Osborne’s car. An emergency room x-ray after the incident showed no head injuries but a week later, Osborne reported a loss of concentration and balance and was diagnosed with a mild brain injury that hampers her vision.

Osborne has been unable to return to her job as a regional sales manager for a pet supply company. The other driver said a tie rod that broke loose from her car and was found at the scene caused a steering malfunction.

(This information appeared in the New Jersey Law Journal)

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Monroe County and the town of Brighton are being sued by the parents of a boy who was seriously injured while crossing Westfall Road last year.

The boy, Thomas Yoon, was returning home from Buckland Park with his sister and a baby sitter when he was hit by a vehicle on Oct. 6, 2005. The driver and the baby sitter are also defendants in the suit, which was filed in State Supreme Court last week.

On May 30, a traffic light was installed at the location and a sidewalk was added. State, county and town officials were present for the unveiling.

But at the time of the accident, people had to weave through traffic to get across the street or walk along with traffic to get to the next crosswalk.

The boy's injuries include a traumatic brain injury, bilateral pulmonary contusion and paralysis and severe atrophy of the left calf muscle.

The suit, which asks for an unspecified amount of damages, claims that the "intersection, roadway, path, and area was also improperly designed, improperly constructed, improperly maintained, and the municipal defendants failed to correct a known dangerous condition."

During the planning process, the town did request that a traffic signal be added near the park, said Brighton Supervisor Sandra Frankel. However, Westfall Road is a county road, which means the county has the final say, she said.

(This information appeared in the New Jersey Law Journal)

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The town of Greenwich, Connecticut has been ordered to pay $910,000 to a Greenwich man for injuries he suffered when a police cruiser struck his vehicle.

A jury in Stamford Superior Court said Friday that the town and Officer Andrew Kelly were liable for a 2002 crash in which James Peterson, 21, suffered pelvic fractures and other injuries.

The jury found that Kelly failed to show due regard for other drivers while responding to a report of a traffic accident. An attorney representing the town said he did not yet know whether an appeal would be filed.

Kelly's police cruiser, with lights and sirens activated, struck the driver's side door of Peterson's car as Peterson attempted to make a left turn at an intersection.

After the accident, police cited Peterson for failure to yield the right of way to an emergency vehicle and failure to grant the right of way at a stop sign.

Peterson's suit contended that Kelly's speed was so excessive that there was no reasonable expectation that the police car's approach could have been seen.

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

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A Burlington County jury awarded $571,000 on April 19 to a motorist for back and neck injuries.

Kenneth Grimes of Medford Lakes was stopped at a red light in Evesham in Aug 2002 when his car was hit from behind. He suffered 7 herniated disks and aggravation of pain herniations. Grimes still holds his primary job as a sales manager but neck pain and back pain caused him to quit his second job as a laborer.

Grimes sued the other driver, Lois Prince of Medford. Prince rejected a court-ordered arbitration award of $185,000 that Grimes demanded Prince's $250,000 policy limit but that her carrier, State Farm, offered only $25,000.

Superior Court Judge Marc Baldwin presided at trial and the jury awarded $508,500 for Grimes' noneconomic damages plus $62,500 on his wife's per quod claim. The Plaintiff's attorney says State Farm should be liable for the full verdict under the Rova Farms doctrine based on a bad-faith refusal to settle.

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

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An Elizabeth man agreed last Tuesday to an $850,000 settlement for neck and disk injuries sustain in an automobile crash.

On June 20, 2002, Jay Probst was driving in the right lane on north Avenue in Scotch Plains when he was hit by another car attempting to make a right turn from the left lane.

Probst injured his neck, suffer two herniated disks and had two operations to remove a disk and fuse vertebrae with bone and plates. Now 33, he cannot return to his job as a utilities engineer for Lord and Taylor.

Probst sued the other car's driver whose insurer is Allstate Insurance Company.

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

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A motorist who suffered back injuries in a Lincoln tunnel collision settled his personal injury suit on March 24. Anthony Signona was stopped in heavy tunnel traffic en route to New York on January 6, 2004 when a commercial van hit his pickup truck from behind. He suffered two herniated discs in his neck and one in his lower back.

A foreman for an electrical contractor, Signona lost a year of work and , now 42, has limited range of movement. The suit was filed in Monmouth County against the van's owner.

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

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Sophia Cramer of Union received a $500,000 settlement on March 13 for injuries that she sustained when a car hit her as she walked across a street. She was struck by Carl Laggren Jr. while crossing Morris Avenue in Union on October 8, 2002. An eye witness, James LaCorte, said that she was visible and Laggren made no attempt to stop or slow down.
Cramer endured five surgeries for fractures in her right foot and leg, femur, and pubic bone. After these operations, Cramer now has one leg shorter than the other which disables her from walking correctly.

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

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John Kozarski of Moorestown, suffered neck injuries, shoulder injuries and back injuries in a five-car pileup and agreed on March 15 to a $665,000 settlement. The accident occurred on June 1, 2002 on Route 130 in Cinnaminson, New Jersey, where a car suddenly became disabled in the center lane, causing four cars behind him to collide.
The 49-year-old environmental drill worker needed surgeries to remove disc herniations and can no longer do physically demanding work. Kozarski was awarded by three defendants’ insurance companies.

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

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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)

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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" »

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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)

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A man injured in a three vehicle accident on the New Jersey Turnpike settled his Ocean County suit on Jan 5 for $625,000. On March 3, 2004, Peter Bowman was at the Exit 11 toll plaza when one car struck the rear of another which in turn rear-ended his pickup truck. Bowman suffered back injuries that required him to undergo a laminectomy and fusion at L4-5. Now, he still suffers chronic pain and, unable to return to work as a supervisor for an environmental remediation company, has taken a less-demanding, lower paying job.

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

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A Sussex County jury awarded $1.065 million on Jan 13 to a woman for a herniated disk suffered in a head-on car accident. On Oct 16, 2000, Elaine Fienhals' car collided with another that had run a stop sign on Route 94 in Hardyston. The defense conceded liability. Feinhals has trouble bending and chronic pain but still manages a Sparta dry cleaning business.

The other car's driver, Thelma Aumick, was insured by Allstate Insurance Co., which offered $7,500 and turned down both an arbitrator's $50,000 recommendation and a $45,000-$6,500 high-low proposal before trial, adding that the award structure has not been determined.

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

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A man who suffers from cognitive problems as a result of auto accident injuries received an $850,000 settlement last Tuesday. Winston Hilton claimed he was driving west on Meadow Road on Sept 24, 2001 when he collided with an oncoming car that made a left turn in his path. The accident occurred in a construction zone where the road was lined with barrels.

The other driver was driving his own vehicle but was an employee of DMJM Harris of New York, which was overseeing the road project. Hilton suffered a closed-head injury that led to a loss of concentration and other cognitive problems, and lost most of his work as a selfemployed accountant.

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

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A man who injured his neck and back in a car accident settled his underinsured motorist's claim for $650,000 on Nov 29. Mark Rowland was about to exit the Atlantic City Expressway on March 22, 2001 when another car struck his. He required a lumbar laminectomy and interior cervical fusion and was out of work for more than 14 months.

The other driver had an Allstate policy capped at $15,000. Rowland settled with his insurer less than two months after he sued over its decision to appeal an arbitration award. Selective claimed Rowland's injuries stemmed from a pre-existing condition; he had two prior car accidents and in the collision at issue, his car had little damage.

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

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A Gloucester County jury awarded $750,000 on June 16 to a Sewell man whose injuries from a car accident inhibited his ability to care for his disabled wife. On March 17, 2001, Joseph Iannece collided with another car that failed to yield when making a left hand turn at a stop light. Iannece suffered a cervical herniated disc and two cervical bulging discs with a bilateral radiculopathy.

Iannece, who is retired, made no wage claim, but his injuries prevented him from caring for his wife, Anne, who needs surgery for a heart condition. The jury awarded $650,000 to Iannece and $100,000 to his wife per quod. Superior Court Judge Anne McDonnell presided at trial. Austin says the defense argued that Iannece's nerve and spinal injuries were due to diabetes and degeneration of his spine.

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

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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)

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$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

Continue reading "$1.47M for Auto Fatalities, Injuries" »

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A Hudson County jury on May 12 awarded $658,333 to a Union City woman for injuries suffered in a two-car accident. Dilia Palencia Rodriguez was stopped at an intersection in West New York on June 17, 2001 when her car was hit from behind. She suffered herniated discs and a torn ligament in her right knee.

Allstate Insurance Co. the carrier for the other driver, Margarita Guerrero of West New York, did not contest liability but argued that Rodriguez did not meet the verbal threshold because her injuries were not permanent. But Walden demonstrated permanency with evidence that Rodriguez had to quit her job as an assistant city clerk, move to an apartment without stairs and abstain from church activities.
- 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 "$658,333 for Auto Injuries" »

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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)

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