SUPPLEMENTAL VERDICT DIGEST
The case settled prior to trial for $1,100,000.
Attorney for plaintiff: Ann Ball of A Ball PC in Commack, NY.
Steward vs. Levy. Index no. 27669/10; Howard Beldock (mediator), 06-11-11.
$900,000 VERDICT - MOTOR VEHICLE NEGLIGENCE - SIDESWIPE COLLISION - NEGLIGENT LANE CHANGE - ROLL-OFF TRUCK/TRACTOR-TRAILER COLLISION - CERVICAL DISC HERNIATIONS WITH FUSION SURGERY - LUMBAR HERNIATION - LUMBAR LAMINECTOMY PERFORMED - TOTAL DISABILITY FROM EMPLOYMENT CLAIMED.
Philadelphia County, PA
The male plaintiff in his late 30s was driving a roll-off truck (used to transport dumpsters) on the Blue Route when the collision giving rise to his action occurred. The plaintiff alleged that a tractor-trailer, driven by the defendant truck driver and owned by the defendant transportation company, negligently changed lanes and collided with his truck. The defendants took the position that it was the plaintiff who negligently changed lanes and caused the accident. The defense also contended that the impact did not cause the injuries alleged by the plaintiff.
After a six-day trial, the jury found the defendant 100% negligent and awarded the plaintiff $900,000 in damages. The case is currently on appeal.
Thompson vs. Lau, et al. Case no. 09-03-03522; Judge Nitza I. Quinones Alejandro, 12-10-10.
Attorney for plaintiff: Bruce L. Neff of Neff & Associates in Philadelphia, PA.
$2,000,000 TOTAL RECOVERY - PREMISES LIABILITY - FALL DOWN - FAILURE OF DEFENDANTS TO ADEQUATELY REMOVE SNOW AND ICE - DECEDENT WITH CARDIAC CONDITION SLIPS AND FALLS - SUBDURAL HEMATOMA - ALLEGEDLY SUFFERS “LOCKED IN SYNDROME” UNTIL DEATH TWO YEARS LATER - PORTEE CLAIM.
U.S. District Court, Newark District of NJ
In this case, the plaintiff contended that the defendant Postal Service negligently failed to adequately attend to icy conditions stemming from alternate melting and freezing temperatures that occurred in the three-day period since the last snow event. The plaintiff also contended that the co-defendant automobile dealership, situated next to and uphill from the post office, negligently failed to clear snow and ice from and around of vehicles it kept parked on the sidewalk. The plaintiff maintained that the 78-year-old decedent, who was taking Coumadin, slipped and fell, suffering a closed head trauma and subdural hematoma. The plaintiffs also included the decedent’s son, approximately 40, who was sitting in his father’s car and saw the incident, and who made an emotional distress claim under Portee vs.
The case settled in 2010 for $1,500,000 from the Postal Service and $500,000 from the co-defendant. Magistrate Judge Patty Shwartz approved the alloca- tion of the proceeds in February 2011 as follows: $1,064,546 to the estate, $25,000 each to the dece- dent’s three children, and $25,000 on the Portee claim. Plaintiff’s counsel relates that another $260,581 was used to satisfy liens that were reduced from ap- proximately $1,000,000.
Fogelson vs. U.S.A., et al. Docket no. 2:07-CV-01016- ksh-ps; Judge Pamela Nadell, Esq. (mediator), 02-10- 11.
Attorney for plaintiff: Francis M. Smith of FM Smith, PC in Mountainside, NJ.
Volume 28, Issue 9, September 2011