MOTOR VEHICLE NEGLIGENCE. Head-on Collision. $______ RECOVERY

Pages10-11
$124,334 VERDICT
Motor Vehicle Negligence – Auto/pedestrian
collision – Plaintiff working returning shopping
carts to designated areas in parking lot is struck
by defendant driver whom plaintiff contends fails
to make adequate observations as she is backing
out of parking spot – One cervical and one
lumbar bulge – Seven months of chiropractic care
– No income claims.
Essex County, NJ
The plaintiff, in his early 20’s, who worked
returning supermarket carriages to designated
areas, contended that the defendant driver
negligently failed to make observations before
backing out of a parking spot, striking him and
knocking him to the pavement. The defendant
asserted that the plaintiff failed to pay adequate
attention and was comparatively negligent.
The plaintiff maintained that he sustained a cervical
and a lumbar bulge which were confirmed by MRI.
He underwent approximately seven months of
chiropractic care and contended that he reached
the pinnacle of recovery through such care and that
he will experience pain and restriction for the remain-
der of a lengthy life expectancy.
The defendant denied that the plaintiff suffered the
claimed bulges and maintained that any soft tissue
injuries resolved. The plaintiff introduced $24,234 in
medical bills.
The plaintiff made no income claims.
The jury found the defendant 100% negligent and
awarded $124,234.
REFERENCE
Plaintiff’s chiropractor expert: Andrew Andonov DC
from Newark, NJ. Plaintiff’s orthopedic surgeon
expert: Steven Nehmer, MD from Union, NJ.
Defendant’s orthopedic surgeon expert: Edward
Dechter, MD from Summit, NJ.
Navarro vs. Boardingham. Docket no. ESX-L-9144-14;
Judge Stephanie Mitterhoff, 06-03-16.
Attorney for plaintiff: Gregg Alan. Stone of Kirsch,
Gelband & Stone in Newark, NJ.
$435,000 RECOVERY
Motor Vehicle Negligence – Auto/pedestrian
collision – Plaintiff is struck after crossing
approximately one-half of roadway while in
crosswalk – Compound tibia/fibula fractures –
ORIF – Plaintiff able to return to job working in
media.
Essex County, NJ
The plaintiff pedestrian, in his early 40’s,
contended that the defendant driver negligently
failed to make observations, striking him after he
reached approximately halfway across the
roadway as he was in the crosswalk. The plaintiff
maintained that he looked in both directions
before leaving the curb and it appeared as if it
was safe to cross.
The defendant conceded that she did not see the
plaintiff before impact and argued that the plaintiff
failed to pay better attention and was comparatively
negligent. The plaintiff suffered compound tibia/fibula
fractures. He required an open reduction and internal
fixation and asserted that he will suffer permanent
pain that is heightened upon changes in weather
and spending extensive time on his feet. There was
no evidence that the plaintiff will probably require
surgery to have hardware removed.
Theplaintiffwasabletoreturntohisjobinthemedia.
The defendant had $500,000 in coverage. The case
settled prior to trial for $435,000.
REFERENCE
Kueneman vs. Restivo. Docket no. ESX-L-0576-15.
Attorney for plaintiff: Jeffrey J. Zenna of Blume,
Forte, Fried, Zerres & Molinari in Chatham, NJ.
Head-on Collision
$885,000 RECOVERY
Motor Vehicle Negligence – Head-on collision –
Pick-up truck driver crosses center line, causing
head-on collision – Cervical herniation – Fusion
surgery following discogram – Rib and and toe
fractures – Toe surgery – Malunion.
Bergen County, NJ
The plaintiff driver, 51 years old at the time,
contended that the defendant driver of a pickup
truck, owned by his employer, crossed the center
line, causing the head-on crash. The defendants
had conceded liability long before the ultimate
settlement.
10 VERDICTS BY CATEGORY
Volume 37, Issue 2, July 2016 Subscribe Now

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