MOTOR VEHICLE NEGLIGENCE. Broadside Collision. DEFENDANT'S VERDICT ON LIABILITY

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REFERENCE
Plaintiff’s orthopedic surgeon expert: Laura Ross,
D.O. from Medford, NJ. Defendant’s orthopedic
surgeon expert: Stephen M. Horowitz, M.D. from
Marlton, NJ.
McBride vs. Harshman. Docket no. SLM-L-108-18;
Judge Jean Chetney, 06-21.
Attorney for defendant: Mitchell Waldman of Hurvitz
& Waldman, LLC in Pleasantville, NJ.
Auto/Motorcycle Collision
$500,000 VERDICT
Motor vehicle negligence – Auto/motorcycle
collision – 4 lumbar spinous process fractures – 3
lumbar compression fractures – Coccyx fracture –
Sternum fracture – Bilateral foot fractures.
Burlington County, NJ
In this action for motor vehicle negligence, the 17-
year-old plaintiff motorcyclist contended that the
defendant automobile driver failed to make
adequate observations, swerving into on-coming
traffic. The defendant struck the plaintiff’s
motorcycle causing him to sustain serious injuries.
The defendant contended that the plaintiff crossed
the center line.
The plaintiff countered that the debris from the bike
was found on the plaintiff’s side. The defendant as-
serted that the force of the impact resulted in the
plaintiff’s motorcycle returning to his lane. The defen-
dant’s car had been moved before the police
arrived.
As a result of the collision, the plaintiff sustained multi-
ple fractures, including 4 lumbar spinous process
fractures, 3 lumbar compression fractures, a coccyx
fracture, a sternum fracture and bilateral foot frac-
tures. No surgery was necessary and the fractures
were treated conservatively. The plaintiff asserted,
however, that he will suffer permanent pain and
limitations.
The operator of a motorcycle traveling with the plain-
tiff testified as to seeing the defendant holding a cell
phone immediately before the impact. The defen-
dant maintained that she was using a blue tooth. The
records did not reflect whether or not a blue tooth
was used.
The plaintiff made no income claims.
The defendant had $300,000 in coverage. The plain-
tiff made an offer for judgment of $125,000 and the
defendant declined to make an offer. The jury found
the defendant 100% negligent and awarded
$500,000. The plaintiff will be pursuing a bad faith/
Rova Farms case and is also moving for Offer of
Judgment sanctions.
REFERENCE
Plaintiff’s accident reconstruction expert: Terrence
Fisher from Philadelphia, PA.
Miller vs. Garzone. Docket no. CAM-L-1290-17; Judge
Aimee Belgard, 03-20.
Attorneys for plaintiff: Michael C. McKenna and
Michael J. McKenna of McKenna Law, PC in Cherry
Hill, NJ.
Broadside Collision
DEFENDANT’S VERDICT ON LIABILITY
Motor vehicle negligence – Broadside collision –
Plaintiff contends defendant is speeding, causing
accident when plaintiff fails to stop at stop sign at
strip mall – Defendant driving with father while
still on permit – Soft tissue injuries – No verbal
threshold.
Monmouth County, NJ
In this case of motor vehicle negligence, the
plaintiff driver, who was leaving a strip mall,
contended that although she had a stop sign, she
could not see the defendant driver, whom the
plaintiff contended was speeding. The plaintiff
maintained that as a result, she was struck in the
side of her car, sustaining injuries. The defendant
was on her permit and driving with her father.
The defendant denied speeding and contended
that the sole cause of the collision was the
negligence of the plaintiff.
The plaintiff asserted that she suffered soft tissue cervi-
cal and lumbar strain and sprains which will cause
permanent pain and restriction. The plaintiff did not
have the verbal threshold in her policy.
The jury found that the defendant was not negligent.
REFERENCE
Kelly vs. Farber. Docket no. MON-L-1284-19; Judge
Andrea Farber, 05-21.
Attorney for defendant: Michael J. Lynch of Carton
Law Firm, LLC in Manasquan, NJ.
VERDICTS BY CATEGORY 13
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