PERSONAL NEGLIGENCE. DEFENDANT'S VERDICT

• Pages: 15-16

radiculopathy that was confirmed by MRI and

EMG and a lumbar bulge that was confirmed by

MRI. The testing was conducted approximately

four months post-accident.

The plaintiff underwent a lumbar epidural injection.

The plaintiff contended that she will suffer permanent

radiating pain and limitations.

The defendant maintained that any injuries sustained

in the collision were soft tissue in nature and resolved

quickly, denying that the plaintiff pierced the verbal

threshold.

The jury found for the defendant on the verbal

threshold.

REFERENCE

Defendant’s neurological expert: James Charles, MD

from Bayonne, NJ. Defendant’s orthopedic expert:

Robert Goldstone, MD from Glen Rock, NJ.

Marrero vs. Leary. Docket no. HUD-L-1580-09; Judge

Lawrence M. Maron, 01-09-12.

Attorney for defendant: Michael P. Kemezis of Melli

Guerin Wall & Frankland, PC in Paramus, NJ.

Single Vehicle Collision

$234,000 TOTAL RECOVERY

Motor Vehicle Negligence – Single Vehicle

Collision – Underage driver takes parents’ vehicle

when they are not home, drinks alcohol, and

overturns vehicle shortly after picking up plaintiff

– Displaced/dislocated fractures to left foot, toes

and leg – Degloving injury to left foot – Right

femur fracture – Kidney laceration.

Bergen County, NJ

This case involved a passenger who was 15 at the

time of the single vehicle collision that occurred

when the automobile was being operated by the

15-year-old defendant driver. The plaintiff

contended that a few hours earlier, the plaintiff,

defendant and two other friends went to the

defendant pool hall. The boys had a water bottle

that contained vodka. The plaintiff maintained

that after entering the pool hall, the defendant

owner smelled the alcohol in the bottle, asked the

boys how old they were and then took the bottle

away from them. The plaintiff contended that the

pool hall owner negligently returned the bottle to

one of the boys when they left.

The plaintiff maintained that after the boys left the

pool hall, the defendant driver drank the vodka. The

plaintiff contended that the driver had previously

taken a vehicle from his parents without permission.

The plaintiff maintained that they nonetheless left the

keys in an area that was easily accessible and that

the driver took the vehicle, picked up the plaintiff and

his twin brother, and the single vehicle accident oc-

curred a short time thereafter. The driver pled guilty to

DWI.

The defendant pool hall owner denied that he either

took a bottle from the boys or returned it. The pool

hall owner also would have argued that irrespective

of this issue, it was not foreseeable that a motor vehi-

cle accident would result. The defendant parents de-

nied that there was any history of the driver previously

taking a car.

The plaintiff suffered displaced and dislocated frac-

tures to his left foot, toes and leg, a degloving injury

to his left foot, a right femur fracture and a kidney

laceration. The plaintiff maintained that despite nu-

merous surgeries, he will permanently suffer pain,

scarring and a slight limp. The plaintiff also con-

tended that he could not continue playing on the

school baseball and basketball teams.

The case against the defendant driver settled in 2008

for the $100,000 policy limits. The case against the

pool hall settled shortly before trial for $150,000 and

the case against the parents, who were not covered

for the incident, settled shortly before trial for $19,000.

REFERENCE

Rodriguez vs. Family Billiard Lounge, et al. Docket no.

BER-L-5307-09, 06-12.

Attorneys for plaintiff: Bertram Siegel and Todd I.

Siegel of Siegel & Siegel, PC in Teaneck, NJ.

PERSONAL NEGLIGENCE

DEFENDANT’S VERDICT

Personal Negligence – Alleged gross negligence

by referee and sponsor of league indoor soccer

match held at private facility – Plaintiff contends

referee ignores complaints about goalie engaging

in “illegal” maneuvers, and that goalie makes

improper slide tackle – Compound tibia/fibula

fracture.

Middlesex County, NJ

This action involved a 29-year-old plaintiff who

was participating in an indoor soccer game that

was played at the defendant private facility, and

which ran a league for experienced players. The

plaintiff contended that the referee failed to

enforce the rules of the league, failed to warn the

goal keeper about his alleged dangerous play

and failed to penalize the goal keeper for such

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