MOTOR VEHICLE NEGLIGENCE. Auto/Pedestrian Collision. $______ GROSS VERDICT REDUCED BY 30% COMPARATIVE NEGLIGENCE

• Pages: 12-13

the prior injuries. The plaintiff countered that he was

asymptomatic after recuperating from the 2004 injury

until the subject fall occurred. The plaintiff would have

also pointed out that an MRI taken five days after this

fall was interpreted as reflecting a new tear or re-tear

of the meniscus.

The case settled prior to trial for $190,000.

REFERENCE

Boss vs. Petriken, et al. Docket no. MON-L-5282-09,

06-28-11.

Attorney for plaintiff: Roy D. Curnow of Law Offices

of Roy D. Curnow in Spring Lake, NJ.

MOTOR VEHICLE NEGLIGENCE

Auto/Motorcycle Collision

$450,000 RECOVERY

Motor Vehicle Negligence –Auto/Motorcycle

Collision –Defendant automobile driver makes

left turn into path of plaintiff motorcyclist –

Displacedcomminutedfractureslefttibiaand

fibula –Fractured sternum –Three right rib

fractures –Facial lacerations.

Union County, NJ

The plaintiff motorcyclist, then 58, contended that

the defendant 87-year-old motorist negligently

made a left turn into his path, causing the

collision. The plaintiff was thrown off his bike and

over the car, landing unconscious on the ground.

He awoke as paramedics were transporting him

to the hospital where he was an in-patient for

almost three weeks.

The plaintiff sustained displaced comminuted frac-

tures of his left tibia/fibula, a fractured sternum, three

right rib fractures, and facial lacerations requiring sev-

eral sutures to close. The day following the collision,

the plaintiff underwent a left tibia closed reduction

with an external fixator. Slightly more than two weeks

later, the plaintiff’s orthopedist performed an open re-

duction with internal fixation of the left tibia with

intramedullary nail fixation and four screws. The plain-

tiff was then transferred to a rehabilitation hospital

where he remained for ten days.

The plaintiff maintained that he will permanently have

discomfort and pain in his left leg, which swells, as

well as muscle spasms. He now walks with a slight

limp. He has developed infections in the surgical ar-

eas requiring him to take antibiotics which brought

about gastrointestinal problems, for which he sought

treatment with his internist. Medical bills were paid

through his private, non-ERISA, health insurance with

BC/BS and no medical lien was asserted.

The plaintiff is a retired investigator with the Attorney

General’s Office who held three part-time jobs, in-

cluding administrative clerk in the County Clerk’s

passport office, Certified EMT at NJ Sports Exposition

Authority in Rutherford, and Security Guard Instructor

withtheNJSP.HeisabletoreturntotheClerk’s Office

but has been unable to return to the other, more

physical, positions.

It should be noted that since the plaintiff motorcyclist

chose the verbal threshold option for liability policy

covering only his personally owned automobile and

not his motorcycle, his tort claim was subject to ver-

bal threshold, even though he was not eligible for

personal injury protection (PIP) benefits under that pol-

icy. Koff vs. Caruba, 290 N.J. Super. 544 (App. Div.),

certif. den. 146 N.J. 498 (1996).

The case settled prior to trial for $450,000

REFERENCE

Plaintiff’s orthopedist expert: Steven Nehmer, MD

from Union, NJ. Defendant’s orthopedist expert:

Richard Rosa, MD from West Orange, NJ.

Berlin vs. Truss. Docket no. UNN-L-3510-09; Judge Ken-

neth Grispin, 07-25-11.

Attorney for plaintiff: Joel I. Rachmiel of Law Offices

of Joel I. Rachmiel in Springfield, NJ.

Auto/Pedestrian Collision

$50,000 GROSS VERDICT REDUCED BY 30% COMPARATIVE NEGLIGENCE

Motor Vehicle Negligence –Auto/Pedestrian

Collision –Plaintiff pedestrian is struck while

walking on side of rural roadway that did not

contain sidewalk –Several broken ribs –Alleged

lumbar and cervical herniations.

Atlantic County, NJ

The plaintiff pedestrian, approximately 50,

contended that the defendant driver negligently

failed to make adequate observations and

maintain control of his vehicle as he approached

from behind. The plaintiff maintained that as a

result, she was struck and suffered several

fractured ribs, as well as a lumbar and a cervical

herniation that were confirmed by MRI and which

will cause permanent symptoms. There was no

indication that surgery will be necessary. The

defendant contended that the plaintiff walked into

the path of the vehicle and was comparatively

negligent.

12 VERDICTS BY CATEGORY

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