This year's largest award is $8.15 million, a collective amount to settle five lawsuits resulting from the 2016 crash of a New Jersey Transit train in the Hoboken station.

The smallest awards in this year's Top 20 are $1.5 million each. Two cases tied at this amount, so they actually share the No. 19 spot. One case is a slip-and-fall, while the other involved an automobile collision. Usually the amount in the No. 20 spot is around $3.5 million—so, again, this is much lower than normal.

The average amount of the awards here is $3.65 million.

This year's median recovery is $2.9 million. For the last two years the median has been $5 million.

As always, the top awards are listed in order of compensatory damages, as of the date of verdict or settlement, even if there were punitive damages added. Punitive damages awards are not included in these sums.

Awards of equal value share a ranking. For example, there are two cases ranked at No. 2, both in the amount of $7 million. Tied cases are not listed in any particular order.

Awards for multiple parties are ranked by their lump-sum value. Awards are listed according to their original amounts, even if they were subsequently reduced.

Unilateral decisions by governmental entities to compensate injured parties are not included.

1. $8.15M Settlement Reached in Fatal NJ Transit Train Crash

Published: June 15, 2021

A collective settlement of $8.15 million has been reached to settle five lawsuits resulting from the 2016 train crash of a New Jersey Transit train that collided into the Hoboken station and killed a Brazilian-born attorney, Fabiola Bittar de Kroon, and left four other passengers injured.

The decedent and four surviving victims were represented by Philadelphia firms Kline & Specter and Saltz, Mongeluzzi & Bendesky.

The accident occurred during the morning rush hour on Sept. 29, 2016, involving a Pascack Valley Line train at the New Jersey Transit Hoboken Terminal.

News accounts and an investigation by the National Transportation Safety Board said that Train 1614 sped into the station at twice the speed limit that morning, and slammed into the backstop, causing part of the train shed's glass ceiling to collapse.

Ms. de Kroon was standing on the platform when a rain of debris fell on her, trapping and killing her.

Officials said the veteran NJ Transit engineer, Thomas Gallagher, 48, was diagnosed with sleep apnea after the crash.

Besides the death of de Kroon, the derailment injured several dozen others.

Tom Kline of Kline & Specter declined to provide a breakdown of the $8.15 million settlement. Kline represented the plaintiffs along with Robert J. Mongeluzzi of Saltz Mongeluzzi.

"They are not equal in amounts—the injuries and the death claim were each treated as individual cases," Kline said in a phone call Monday.

"We have not given an individual breakdown of the settlement. The amount that we have announced is a resolution of the five cases," he said.

NJ Transit was not immediately available for comment.

Besides representing the estate of Ms. de Kroon, the two attorneys jointly represented and settled the cases of the following injured passengers, all from New Jersey: Bagya Subramaniam, 58, of Bergenfield; Sheldon Kest, 71, of Tenafly; Karl Ward, 42, of Hillsdale; and Alexis Valle, 29, of Bergenfield.

"These settlements that collectively amount to more than $8 million should never be confused with or viewed as a substitute for closure, because there is no closure for loved ones who've lost a mother and spouse, or survivors suffering from life-altering physical and psychological injuries," said Kline and Mongeluzzi in a separate joint statement on Monday.

"This was a preventable catastrophe, and we and our clients are hopeful that NJT has now implemented and will continue to implement all the necessary safety improvements— systemwide, from rail operations to crew medical screenings—to protect its passengers, agency personnel, and the general public from harm. Such a tragedy must never happen again."

Kline and Mongeluzzi were appointed by the court to the plaintiffs' steering committee in the litigation.

Other members of the legal team included trial lawyers Andrew Duffy and Michael Budner of Saltz Mongeluzzi, and Patrick J. Fitzgerald of Kline & Specter.

The train crash injured more than a 100 passengers, and lawsuits trickled in and were settled over the last five years.

A separate $1.5 million settlement was reached in November 2019 by a woman who was left with permanent injuries from the same train crash.

Plaintiff Latonya Story, then 42, was seated in the last car when the train crashed into the platform during its arrival at the terminal. Gallagher, the engineer, is listed in Story's complaint as responsible for the crash.

Story became permanently disabled and will require extensive medical care and monitoring for the rest of her life, according to her complaint. The suit also claimed emotional distress.

MTA Metro-North Railroad, a subsidiary of New York State's Metropolitan Transportation Authority, is covering the entire $1.5 million settlement in Story's case.

Ms. de Kroon, a mother of a 2-year-old daughter at the time, was an employee of a software company and residing in Hoboken. She had just dropped off her daughter at a day care center and entered the platform. She was killed from falling debris and glass immediately after the train crashed.

The de Kroon family filed a wrongful death and negligence lawsuit against the transit agency seeking unspecified compensatory damages in June 2017 in state Superior Court in Hudson County.

The de Kroon lawsuit partly blamed the accident on NJ Transit's failure to install "Positive Train Control," a device that is intended to automatically slow down a train if it is traveling too fast by using an extensive network of sensors.

NJ Transit's failure to fit the Hoboken train with that device was the focus of an April 2017 hearing held by the New Jersey Legislature, which investigated the accident.

Congress passed a law in 2008 requiring installation of PTC in all passenger and freight rail trains by the end of 2015, after a fatal passenger train wreck in California. NJ Transit allegedly has lagged behind other systems in installing the technology.

In late 2019 a legislative panel was created and charged with developing a plan of action to turn around the embattled agency that serves nearly 1 million public transit commuters a year. Last year the New Jersey Senate Select Committee on NJ Transit held its hearings concerning the quality of services and rider concerns and other safety issues.

The panel was chaired by Senate President Steve Sweeney, D-Gloucester. Deputy Majority Leader Sandra Cunningham, D-Hudson, referenced the deadly Hoboken Terminal crash as among the reasons for the need to investigate NJ Transit when the creation of the new committee was announced.

"This was an enormous tragedy which cost the life of a young mother who was an attorney, and it also caused injuries to many people," Kline said in the same phone call on Monday. "It was preventable. and it was something that should have never happened.

"We're hopeful that the families and those who were injured will be able to now—as best they can—move forward with their lives," Kline said. "We're hopeful that New Jersey Transit will take every measure to ensure that the safety protocols that Bob Mongeluzzi and I have pushed for many years—including in the Amtrak litigation—will be enacted, and hopefully will save lives and injury in the future."

2 (Tie). Med Mal Case Over Birth Complications Settles for $7M

The parents of a child who suffered severe brain damage during delivery received $7 million to settle their Passaic County medical malpractice suit, Rahim v. Balazs, M.D., on Feb. 11.

Tanisha Rahim was born on April 30, 2016, at St. Joseph's Medical Center in Paterson after her mother, Jasmin Akther, was in labor for more than 12 hours. The child was born blind in both eyes, suffered cerebral palsy, chronic lung disease and an abnormally small head. In addition, she could not sit up, walk or crawl, could not speak, and required tube feeding and constant respiratory suction, said Stewart Leviss of Berkowitz, Lichtstein, Kuritsky, Giasullo & Gross in Roseland, who represented Akther and the child's father, Absar Rahim.

The child required around-the-clock care, which was provided by the parents and other family members, said Leviss. She died at age 4 in November 2020, with the cause of death listed as hypoxic ischemic encephalopathy, a type of brain damage caused by oxygen deprivation, Leviss said.

The parents filed a medical malpractice suit against St. Joseph's and attending obstetrician Peter Balazs. Leviss' co-counsel, Charles Cerussi of Cerussi & Gunn in Shrewsbury, represented the child's estate.

While Akther was in labor, the suit claimed, Balazs deviated from the standard of care by failing to recognize and act upon an abnormal fetal heart rate for several hours and by continuing to use Pitocin, a hormone used to induce labor, despite the abnormal fetal heart activity. The suit also said the doctor breached hospital protocol by continued attempts to use a suction device to deliver the infant when the device could not adhere properly to her scalp, said Leviss.

The suit claimed that Balazs failed to inform Akther during labor that a caesarian section was needed to protect the infant from distress, Leviss said. A medical expert testifying for the plaintiff said Tanisha would have been born healthy if a caesarian had been performed on a timely basis, Leviss said.

Balazs and several nurses and physicians, who were all employees of St. Joseph's Medical Center, claimed in depositions that Akther was offered a caesarian section but she refused, the lawyers said. Balazs testified that he offered Akther a caesarian but never told her it was medically necessary. Akther and Rahim denied receiving a recommendation for a caesarian section and testified that when they were admitted they signed a form consenting to a caesarian section.

Balazs and St. Joseph denied that the doctor deviated from accepted standards of care and also claimed that Tanisha's injuries were the result of an underlying genetic abnormality, although two geneticists retained as plaintiffs' experts refuted that claim.

A settlement was reached in July 2020 after mediation with former Superior Court Judge James Clyne, now with Benchmark Resolution Services of Lambertville. The settlement calls for $1.3 million to be awarded to the parents and $5.7 million to the child's estate. From the proceeds, $381,747 in Medicaid liens, attorney fees of $1.82 million and litigation expenses of $89,117 were approved by Presiding Civil Judge Thomas Brogan at a friendly hearing on Jan. 11.

Evelyn Farkas of Farkas & Donohue in Paterson represented the hospital and Balazs. She did not respond to a request for comment.

2 (Tie). $7M Settlement Reached After Patient Suffered Brain Injury at Hospital and Later Died

Published: July 20, 2021 

A Monmouth County medical malpractice case involving a man with a sleeping disorder who received opioid medication and suffered a brain injury that proved fatal recently settled for $7 million.

In Daley v. Jersey Shore University Medical Center, the $7 million settlement was paid on May 12 to the estate of Raymond Daley by defendant Jersey Shore University Medical Center/Hackensack Meridian Health.

Daley, 60, of Wall Township, died on May 21, 2020, less than five years after suffering hypoxic brain injuries while a patient at Jersey Shore University Medical Center in Neptune City.

The settlement was reached in March 2021 after multiple mediations with retired Ocean County Superior Court Judge James D. Clyne and a settlement conference before Monmouth County Superior Court Judge Marc C. Lemieux.

The entire funds were paid to the estate of Mr. Daley, according to Daryl L. Zaslow of Eichen Crutchlow Zaslow in Edison and James Maggs of Maggs McDermott & DiCicco in Wall, who were co-counsel to the plaintiffs.

Zaslow and Maggs advanced the legal theory that the defendants prescribed too-high a dose of hydromorphone, an opioid medication used to treat moderate to severe pain, to Daley, an "opioid-naïve" patient. They also maintained that the hospital failed to provide Daley with a Continuous Positive Airway Pressure (CPAP) machine, which Daley needed since he suffered from obstructive sleep apnea (OSA), a condition where the muscular soft tissues of the airway become limp during sleep, and cause breathing problems and snoring. A CPAP can act as an internal air splint, preventing the collapse of the muscular soft tissues over the laryngeal airway. The suit claimed the hospital and two attending nurses failed to properly medicate and monitor Daley, resulting in brain injury, and later his death.

Robert Evers of Marshall Dennehey Warner Coleman & Goggin in Roseland represented Jersey Shore University Medical Center/Hackensack Meridian Health.

Timothy B. Crammer of Crammer, Bishop & O'Brien in Absecon represented defendant nurse Jaimee Sujdowski, and MaryAnn Nobile Wilderotter of Ronan Tuzzio Giannone in Tinton Falls, represented defendant nurse Stacey Telenson—the two nurses charged with caring for Daley.

All three defendants' lawyers did not respond to requests for comment.

According to Zaslow and Maggs, on April 3, 2015, Daley, then 55, was brought to the emergency department at Jersey Shore University Medical Center after falling off a 4-foot ladder and landing on his back. Daley was diagnosed with a L1 compression fracture that did not require surgery, and he was admitted for pain control.

Daley's medical history included OSA and obesity, and he was noted to be opiate naïve.

The plaintiffs claimed that while in the ER, Daley received 10 milligrams of oxycodone orally, and later hydromorphone. Daley was admitted to the JSUMC trauma team at 8:30 p.m., six hours after arriving at the hospital in severe pain.

Defendant Telenson, an advanced practice nurse, ordered no treatment for OSA, nor did she inquire of the patient or his wife what treatment he used at home, said Zaslow and Maggs. Telenson instead ordered patient-controlled analgesia (PCA) with additional intravenous hydromorphone that would allow Daley to trigger a pre-defined, controlled dose with a push button when he felt pain.

After each dose, Daley was "locked out" from more medication for a pre-defined time interval, according to Zaslow and Maggs.

Sujdowski, the night shift nurse, testified that she never obtained a CPAP for Daley because one was never ordered, and that Daley informed her that he did not suffer from OSA.

That contention, according to the lawyers, was vigorously contested by wife Amy Daley, who testified that she informed Sujdowski that her husband had used CPAP for 10 years to treat his OSA.

At 7:30 a.m. the following day, Daley was noted to be "sleeping and snoring" with normal vitals. At 8 a.m. Daley was lethargic and arousable. By 9:10 a.m., it was noted that he was snoring, drooling and appeared to be unresponsive. Daley was given 0.4 mg of Narcan, with no response. He was then noted to be cyanotic, and respiratory therapy was called for. He proceeded to become pulseless, and a code blue was called, the lawyers said.

The time of Daley's cardiac arrest was noted at 9:22 a.m., which continued until 9:32 a.m. He received Narcan again, epinephrine and Atropine. He was intubated and transferred to the intensive care unit. A subsequent MRI confirmed he had a severe diffuse anoxic brain injury, they said.

Zaslow and Maggs said Daley had minimal neurological recovery from the injury and was eventually admitted to a long-term care facility. Daley required a feeding tube, was non-verbal and totally dependent on others for all activities of daily living for the next five years following his anoxic brain injury.

Daley died on May 21 from COVID-19 and complications from the brain injury he suffered.

The Daleys retained 16 experts who agreed that patients with sleep apnea are at increased risk of respiratory depression and distress, especially when receiving narcotics, which could reduce a patient's drive to breath because the drugs act on the respiratory center in the brain. That risk is further increased when such patients do not receive CPAP and supplemental oxygen, the plaintiff's experts said, according to the lawyers.

"The legal strategy was to focus on how easily understandable it would be for a jury … that people who have obstructive sleep apnea and who require CPAP must be provided CPAP or they are at increased risk for morbidity and mortality from medications, like opiates, that further depress the respiratory effort," said Zaslow and Maggs in an email. "Mr. Daley without CPAP was at extremely high risk for a deadly respiratory complication of that medication. Had Mr. Daley been using a CPAP machine it is likely that this mechanism of hypoxemia would have been completely eliminated."

Daley, who was survived by his wife and three adult children, was a full-time employee of New Jersey Natural Gas Co. He was a distribution mechanic for 16 years before retiring in 2015. An economic expert calculated his past and future lost wages to be $969,672.

"Although no amount of money could ever be enough when someone loses a loved one, who happened to be a sublime husband and father, under the circumstances, the $7 million recovery was fair and reasonable compensation under our law," said Zaslow and Maggs.

4. $6.85M Settlement Paid in Suit Over Fatal Accident

Published: April 05, 2021

The family of a man who was killed when his car was struck by a tractor-trailer was paid a $6.85 million settlement in their Monmouth County wrongful death suit, Estate of Appio v. Isserovich, on March 20.

Jason Appio, 45, was killed while driving on Route 440 in Woodbridge on Sept. 6, 2017. Appio's car was struck from behind by a tractor-trailer driven by Aleksandr Isserovich of Brooklyn and owned by Isserovich's employer, Highlight Motor Freight of Concord, Ontario, Canada.

At the accident scene, police noticed Isserovich appeared to have impaired judgment, drowsiness, fatigue, dizziness, unsteadiness and disorientation. A blood test after the accident showed Isserovich was positive for Xanax, Klonopin and Clonazepam, and Isserovich admitted to police that he only had a few hours of sleep the night before the crash, according to Daryl Zaslow of Eichen Crutchlow Zaslow in Edison, who represented Appio's family.

Appio was pronounced dead at the scene of the crash, and his autopsy revealed a transected aorta, a fractured thoracic spine, and blunt-force injuries to the head and neck, said Zaslow.

In May 2018, Isserovich, then 39, pleaded guilty to counts for vehicular homicide, assault by auto and driving under the influence of a controlled dangerous substance. He is serving a seven-year prison sentence, Zaslow said.

Appio, a field technician for Verizon with a wife and three children, was returning home from work at the time of the crash. Zaslow argued that Appio's compensable lost wages and services amounted to $3.5 million.

Defense counsel for Isserovich and Highlight was prepared to stipulate liability, but argued that Appio experienced no conscious pain and suffering, and that claims of economic loss were grossly inflated, according to Zaslow.

The settlement was reached on Nov. 25, 2020, after mediation with Raymond Reddin, a former Superior Court judge with Hall Booth Smith in Saddle Brook.

On Jan. 29, Superior Court Judge Andrea Marshall approved a plan to allocate the $4.67 million that remained after fees and costs were deducted from the settlement. Of that amount, $3.11 million went to Appio's wife, Jennifer, and three trusts, each containing $518,811, were created for the couple's children, now age 24, 21 and 17.

Colin Hackett of Lewis Brisbois Bisgaard & Smith in Newark, who represented Isserovich and Highlight Motor Freight, declined to comment on the case.

5. $5.5M Settlement, $1.3M Attorney Fees After High School Principal Dies Donating Bone Marrow

Published: Nov. 12, 2020

A $5.5 million settlement has been reached in a medical malpractice suit in the case of a high school principal who died during a bone marrow donation procedure.

The settlement was reached in Union County Superior Court between the estate of Derrick Nelson and the defendants, anesthesiologist Jerry Baratta and Hackensack Anesthesiology Associates. The agreement calls for attorney fees of $1.37 million for the estate's lawyer, David Mazie of Mazie Slater Katz & Freeman of Roseland, to be drawn from the settlement.

Nelson, the principal of Westfield High School, died in April 2019, several months after slipping into a coma during the operation. The suit claimed Baratta's negligence caused him to suffer a severe brain injury due to loss of oxygen, which ultimately caused his death.

The settlement illustrates the merits of persevering when initial indications suggest that a case lacks merit, Mazie said. The first two liability experts who studied the case were unwilling to say that malpractice had been committed, he said. But a third expert, who had the benefit of additional data from the operation obtained in discovery, concluded that the anesthesiologist committed malpractice by failing to promptly administer oxygen when the patient's oxygen level plunged, Mazie said.

Mazie said his willingness to search for merit in the case was tied to the selfless act that led to Nelson's death—he was donating bone marrow for a teenager in France who was battling cancer, a total stranger. In addition, Nelson was an officer in the U.S. Army reserves who served in Afghanistan besides being a well-liked principal. Gov. Phil Murphy ordered flags to fly at half-staff in honor of Nelson.

"Given what he did, how selfless he was and given that he's such a hero, I would never let this case go—I would go to 10 experts if I had to," Mazie said.

In addition, the case was challenging from a damages standpoint, Mazie said. Nelson, while engaged, was not married at the time of his death, which limited the economic claims available in the case to lost wages and recovery for his one child and his elderly parents. Damages were also limited by the fact that Nelson did not experience any conscious pain and suffering as a result of the malpractice, he said.

But the $5.5 million settlement was reached because of the outpouring of sentiment when Nelson died, including a movement to name Westfield High School after him and multiple scholarships created in his name, Mazie said. Those factors would have likely had an impact on the jury if the case had gone to trial, Mazie said.

The proposed attorney fee of $1.37 million is subject to approval at a hearing set for Friday. It consists of one-third of the first $750,000, 30% of the second $750,000, 25% of the third $750,000, 20% of the fourth $750,000 and 22.5% of the portion of the settlement over $3 million.

When Nelson underwent the bone marrow donation procedure, he was overweight and was known to have sleep apnea, placing him at higher risk when undergoing anesthesia, according to the suit. As the procedure progressed, Nelson's condition deteriorated and his heart rate became slower, the suit claimed. His oxygen saturation level, which was at the already low level of 91 at the outset of the procedure, fell to a level of 31.

It wasn't until that point that Baratta administered oxygen to Nelson, but the volume was insufficient, the suit claimed.

Besides Baratta and his practice, the suit named Hackensack University Medical Center as a defendant, but it was dismissed from the case.

Michael Ricciardulli of Ruprecht Hart Ricciardulli & Sherman in Westfield, who represented Baratta and Hackensack Anesthesiology Associates, did not respond to a call about the case.

6. Water Park Pays $4.75M for Fatal Crash in Dram Shop Case

Published: Nov. 6, 2020

The operator of an indoor water park agreed to a $4.75 million settlement on Oct. 14 in Silva v. Apex Parks Group, a Camden County dram shop suit stemming from a drunken-driving crash that killed a girl, age 9, and left her sister, age 8, severely injured.

According to the suit, Marcelo Rizzo of Elizabeth visited Sahara Sam's Oasis Indoor and Outdoor Water Park in Berlin on Nov. 25, 2018, with his daughters, Madelynn, 9, and Juliana, 8. At a bar on the premises, Rizzo consumed two large, "fishbowl"-type drinks, one shot and two mixed drinks, in a four-hour period, the equivalent of 16 to 18 servings of alcohol, and he ran up a $100 bar bill, telling a friend in a text message he was "pretty smashed," the suit said.

When he ordered the final drink, the staff knew or should have known he was intoxicated, the suit claimed—he whistled to get the bartender's attention, then failed to remember his wallet, had trouble signing the check, and stumbled while walking away from the bar. When he left the bar with the two children, security camera footage revealed he wandered around the parking lot, unable to find his car; sat for several minutes in the car without driving; drove aimlessly around the parking lot, unable to find the exit; attempted to exit through a one-way entrance; and then drove his vehicle over a curb and grass median and onto adjoining property in order to use their exit, the suit claimed.

Rizzo drove to nearby Route 295 North in Mount Laurel, where he struck several cars without stopping before he lost control of his vehicle and struck a tree, the suit claims. Madelynn was ejected from the car and was declared dead at the scene. Juliana sustained a broken arm, leg and pelvis, and a ruptured bowel, and required multiple operations. She has made a good recovery from her physical injuries but continues to receive counseling for emotional distress, said plaintiffs lawyer Louis DeVoto of Rossetti DeVoto in Cherry Hill.

Ana Silva, who was divorced from Rizzo , is the mother of the two girls and the executor for the estate of Madelynn. She filed suit against Apex Parks Group, the operator of the water park. Sahara Sam's Oasis Indoor and Outdoor Water Park, the establishment's trade name, was listed in court documents.

Rizzo pleaded guilty to reckless homicide and endangering the welfare of a minor, and was sentenced to 10 years in prison.

Apex Parks Group filed Chapter 11 bankruptcy while the suit was pending. The plaintiffs were able to remove the case from bankruptcy court on the condition that plaintiffs could not seek recovery above the available insurance proceeds, said DeVoto, who represented the plaintiff.

A settlement was reached Oct. 14, after mediation with Mark Epstein, a former Superior Court judge now with Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick. Apex Parks Group agreed to pay $1.75 million to settle the wrongful death claim on behalf of Madelynn, and $3 million to settle the injury and emotional distress claims by Juliana.

A friendly hearing is pending, as is a motion to bar Rizzo from recovering any settlement proceeds from his daughter's estate, said DeVoto.

Dinesh Dadlani of Segal McCambridge Singer & Mahoney in Jersey City, who represented Apex Parks Group, declined to comment.

7. Motorcycle vs. Ambulance Collision Results in $4.5M Settlement

Published: March 19, 2021

A man who was seriously injured when his motorcycle collided with an ambulance was paid a $4.5 million settlement in his Monmouth County personal injury suit, Kadubic v. RWJBarnabas Health, on Jan. 28.

According to counsel and court documents, Louis Kadubic, 47, was riding his motorcycle east on Highland Avenue in Franklin Township on Aug. 17, 2017, when he collided with an ambulance that had its lights and siren activated and was taking an injured person to a local hospital. Kadubic had a green light, and the ambulance had a red light. The driver told investigating officers he stopped at the red light, and saw the oncoming motorcycle, but proceeded under the assumption that it would yield to his ambulance.

According to electronic court documents, the ambulance was driven by defendant Jason Meizenis and owned by defendant RWJBarnabas Health. Kadubic sued RWJBarnabas Health and Meizenis in Monmouth County Superior Court.

Kadubic, a commercial jet pilot, suffered a traumatic brain injury causing him permanent cognitive impairments affecting his memory, which made him unable to continue in that job, said Garry Salomon of Davis, Saperstein & Salomon in Teaneck, who represented the plaintiff along with Adam Lederman of the same firm.

Upon impact, Kadubic was thrown from the motorcycle, and he suffered several fractured facial bones and a broken left upper arm, which required surgery. He also suffered a broken vertebra at C7, partial hearing loss and post-traumatic stress disorder. He made a relatively good recovery but continued to suffer short-term memory loss and mood swings, said Salomon.

A police investigation determined that Kadubic was proceeding within the 25 mph speed limit and that his view was obstructed by several utility and traffic signal poles, trees, shrubs, fences and parked cars. The report also found Kadubic likely could not hear the siren due to the noise of his motorcycle and the direction of the ambulance.

The parties agreed to the $4.5 million settlement in a Dec. 10, 2020, mediation with Eugene Codey, a former Superior Court judge who is now with Connell Foley in Roseland.

Payment was made on Jan. 28, according to Lederman.

On Feb. 5, Superior Court Judge Owen McCarthy approved a plan awarding Davis, Saperstein & Salomon roughly $1.1 million in fees, or 25% of the recovery, and $41,902 in costs, according to the documents, which also confirmed the amount of the settlement.

John Camassa of Camassa Law Firm in Wall, who represented the defendants, did not respond to a call about the case.

8. Case Over Surgery Patient's Excessive Fentanyl Dose Settles for $3.35M

Published: Feb. 19, 2021

The family of a woman who died after routine surgery has agreed to a $3.35 million settlement of her Middlesex County medical malpractice suit, Holland v. Robert Wood Johnson University Hospital, Somerset. The settlement was approved in Superior Court in November 2020.

According to the suit, Maria Joyce Holland, 48, was on life support after receiving an excessive dose of an opioid drug.

She was admitted to Robert Wood Johnson University Hospital Somerset in Somerville in January 2016 for removal of an ovarian cyst. Holland was given a combination of drugs before the operation, including Fentanyl. After the procedure was complete, she was given an additional dose of Fentanyl because she complained of pain, said Robert Adinolfi of Gill & Chamas in Woodbridge, who handled the case along with the firm's Peter Chamas.

Upon receiving the Fentanyl, she exhibited low blood pressure and no oxygen to the brain, said Adinolfi. Her family decided to remove her from life support eight days later.

Holland's estate filed a suit against the hospital, anesthesiologist William Tronolone and others, in Middlesex County Superior Court in 2016.

The suit claimed the defendants were negligent for administering Holland an excessive dose of Fentanyl because she was allergic to that class of drugs, according to Adinolfi. The defendants claimed Holland might have died from a blood clot coming from her brain, and there was no autopsy, Adinolfi said.

The matter settled following mediation with Kenneth Grispin, a retired Superior Court judge now with Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins in Springfield, and a settlement conference with Judge Jamie Happas, the Middlesex vicinage's presiding civil judge. Robert Wood Johnson, Tronolone and his medical practice, Anesthesia Consultants and Physicians, agreed to the $3.35 million settlement in October 2020.

On Nov. 10, 2020, Superior Court Judge Lisa Vignuolo approved the accord, which paid $882,984 in fees and $68,061 in expenses to Gill and Chamas, and $3,500 in fees to Ronald Kercado, the attorney who recommended allocation of the settlement. Of the remaining funds, $1.44 million, or 60%, went to Holland's widower and administrator of her estate, Darren Holland, while her daughter, Alexis, and her son, Tyler, each received 20%, or $479,090 each, according to electronic court documents.

Robert Wood Johnson's lawyer, Raymond Fleming of Rosenberg, Jacobs, Heller & Fleming in Morris Plains, and the lawyer for Tronolone and his practice, Thomas Conlon of Orlovsky Moody Schaff & Conlon in West Long Branch, did not respond to calls from a reporter about the case.

9. Injuries From Head-on Crash Result in $3.2M Settlement

Published: June 11, 2021

Two women and a minor child who were injured in a head-on crash have agreed to a $3.175 million settlement in their Middlesex County auto negligence suit, Adly v. Grieco. The settlement was approved last September.

Lidia Adly was driving south on Route 34 in Marlboro on March 1, 2017, with her mother, Odette Hanna, in the front passenger seat and her minor daughter, Julia Adly, in the rear seat. Their car had a severe, head-on collision when a northbound car driven by Victoria Vitale made a left turn in front of them. Adly's car was then left inoperable in the southbound lane, where it was struck by another southbound car driven by Tracy Greico.

Adly suffered severe injuries of the spine and knees and underwent multiple knee surgeries. Hanna sustained injuries to her left foot and ankle, both arms, neck, back, sternum and right clavicle, and needed emergency surgery on both arms. Adly's daughter was treated in the emergency room for minor injuries.

Gregg Williams of the Law Offices of Gregg A. Williams in East Brunswick filed suit against Vitale and Greico on behalf of Lidia Adly. His brother, Michael Williams of Gold, Albanese, Barletti & Locascio in Red Bank, represented Hanna and Adly's daughter.

During mediation on March 3, 2020, with retired judge Dennis Carey III of Tompkins, McGuire, Wachenfeld & Barry in Roseland, Michael Williams obtained settlements of $900,000 for Hanna and $25,000 for Julia Adly. Later that same month, Gregg Williams obtained a $2.25 million settlement on behalf of Lidia Adly during a telephone conference with Middlesex County Superior Court Judge Michael Crisitello.

Defendant Vitale was responsible for 65% of the settlement, which came to $2.06 million and defendant Greico paid 35%, or $1.11 million.

Payment was received in May 2020, and the settlement for Julia Adly was approved by Superior Court Judge Alberto Rivas on Sept. 10, 2020.

Vitale's lawyers were Anthony Accardi of Accardi & Mirda in East Hanover, and John Bashwiner of Bashwiner & Deer in Verona. Greco was represented by Mario Delano of Campbell, Foley, Delano & Adams in Asbury Park. Accardi, Bashwiner and Delano did not respond to calls about the case.

10. $3M Settlement for Woman Who Fell on Ice-Covered Stairwell at Apartment Complex

Published: May 18, 2021

A Monmouth County personal injury case involving a woman who slipped on an icy stairwell after a snow storm at an apartment complex recently settled for $3 million.

The case settled on May 4 after the close of discovery, with the assistance of retired Burlington County Superior Court Judge Marc Baldwin, who now has a solo practice.

In Sophia Scott v. Jumping Brook Apartment Complex, plaintiff Scott suffered spinal injuries as a result of falling on the stairwell at the Jumping Brook Apartment Complex in Neptune where she lived at the time with her 10-year old son, Jaden, three years ago, said Steven P. Haddad of the Haddad Law Firm in Woodbridge, who represented Scott.

Jill Cantor-Burns of the CP Law Group in Narberth, Pennsylvania, and Michael J. Leegan of Goldberg Segalla's Princeton office represented defendants Jumping Brook Apartments, JB Neptune Holdings LLC, and Premier Properties and Management Associates LLC.

On Jan, 9, 2018, Scott maintained, she was leaving her apartment on a clear, bright morning with son Jaden to take him to school and herself to a patient's home, where she worked as a certified home health aide.

That morning, the high temperature was near 43 degrees, and the low temperature was 27 degrees on the date of Scott's accident, the suit alleged. Multiple weather advisories were issued warning of slippery conditions for walking and driving and cold temperatures that day, according to a CompuWeather report referenced by Haddad.

On the day prior to the accident, precipitation in the form of light rain, and/or light snow and freezing rain and sleet, occurred frequently for hours from 4:40 p.m. to around 10:15 p.m. on Jan. 8, 2018, based on the same weather report.

Scott, who was wearing low rubber-soled sneakers, walked onto an exterior set of stairs that led to a concrete walkway to the parking lot. As soon as she stepped down to the landing surface onto the first exterior step, she slipped and fell due to untreated ice on the step, according to Haddad.

Scott would require fusion surgeries for her spine as a result of the fall and rendered her permanently disabled, Haddad said.

Jumping Brook Apartments was fully responsible for the condition, and Greenwich Insurance Co. paid the entire $3 million settlement, according to Haddad.

Cantor-Burns and Leegan both declined to comment on the case and settlement.

Curb Appeal Landscaping and Design of Neptune City, which was charged with maintaining the sidewalks of the complex, was released from the case as it did not clean the sidewalks that morning, only the blacktop areas, which were not the subject of the case, said Haddad.

Haddad said Scott, now 37, lives in the same apartment complex with her son, and has been declared disabled by the U.S. Social Security Administration. She has not returned to work as a certified home health aide, he said.

"The settlement covers my client's spinal injuries, where she was required to undergo fusion surgeries to her spine, and her medical bills and lost wages," Haddad said in a phone call. "The untreated icy steps leading to her apartment was the cause of her fall.

"This recovery will provide a lifetime of security due to her debilitating injuries," added Haddad.

11. Birth Injury Case Resolves for $2.75M

Published: March 24, 2021

A $2.75 million settlement in a Monmouth County medical malpractice case concerning a birth injury, Huemer-Sanfilippo v. Rattigan, was approved by the court on Feb. 17.

According to counsel and court documents, plaintiff Cassie Huemer-Sanfilippo was admitted to Jersey Shore Medical Center on June 27, 2015, at 27 weeks pregnant with bleeding, and Inna Santkowsky M.D., using an ultrasound, diagnosed fetal distress, which was confirmed by attending physician Meghan I. Rattigan D.O. Labor was induced and the baby, Gabriel, delivered vaginally in breech position, after which he showed labored breathing and heart beat, and was resuscitated.

Gabriel sustained a brain injury and was in neonatal intensive care for 11 weeks; she now has permanent developmental disabilities and epilepsy; and hydrocephalus, which a buildup of fluid in the brain, requires shunting to drain the fluid, according to the family's lawyers, Charles Cerussi of Cerussi & Gunn in Shrewsbury.

The hospital, Santkowsky and Rattigan were named in the suit, which claimed negligence based on the alleged failure to order an ultrasound in the radiology department rather than relying on a portable ultrasound, Gannon said. The suit claimed the baby should have been delivered by C-section, he said. The suit sought emotional distress damages based on New Jersey Supreme Court cases Frame v. Kothari and Carey v. Lovett.

The defense denied that the doctors deviated from the standard of care, contending that the injuries were attributable to the premature birth, and that any medical malpractice damages should be offset by the preexisting conditions, said Cerussi, who handled the case along with Jaclyn Gannon of the same firm. They also said Santkovsky contended that she lacked authority to change the treatment plan.

The parties settled in September 2020 during mediation with James Clyne of Benchmark Resolutions in Lambertville, a former Superior Court judge.

The settlement was approved in a Feb. 17 order from Monmouth County Superior Court Judge Linda Grasso Jones. The order provided for a $1 million payment by Rattigan; and payments totaling $1.75 million by Santkovsky and Jersey Shore Medical Center. Gabriel is to receive $2.15 million in gross settlement proceeds; Cassie Huemer-Sanfilippo is to receive $300,000; and father Joseph Sanfilippo is to receive $300,000, according to the order. Of that $2.75 million sum, Cerussi & Gunn is to receive roughly $525,000 in attorney fees and $50,000 for costs, the order said.

Paul Schaaff of Orlovsky, Moody, Schaaff & Conlon in West Long Branch represented the hospital and Santkovsky. A call to his office about the case wasn't returned.

Michael Halpin of Grossman, Heavey & Halpin in Brick, for Rattigan, also couldn't be reached.

12 (Tie). Judge Approves $2.5M Settlement in Case of Student Struck by Bus

Published: May 13, 2021

The family of a girl who sustained pelvic injuries when she was struck by a bus while crossing the street, had a $2.5 million settlement in their Somerset County lawsuit, Skwirut v. Reed, approved by the court on March 22.

According to court documents and counsel, on Nov. 20, 2018, a then-12-year-old girl referred to in court documents as J.B. was walking to school on State Highway 57 in Washington Township, Warren County, when a bus driven by Larry A. Reed, operated by Warren County Transportation and owned by Easton Coach Co. struck her.

Reed was stopped in the left-turn lane at the intersection with State Highway 31, and when the light turned green, he said he didn't see any pedestrians and proceeded into the intersection, but then felt a thump and heard screaming, after which he found J.B. under the rear driver's side tire, the police report said. The girl was taken to the hospital, the report said.

J.B. sustained left pelvic fractures necessitating implantation of plates and screws, as well as injuries leading to scarring of her hip and thigh, which required revision surgery that was completed this year, said the plaintiffs' lawyer, Brett Greiner of Levinson Axelrod in Edison. J.B. didn't sustain reproductive system damages but doctors said any future childbirth likely will require caesarian section, according to Greiner.

Warren County Transportation, according to its website, is a county-run shuttle service, and Easton Coach Co., of Phillipsburg, is the service provider.

Warren County didn't pay into the settlement, Greiner said.

The suit, filed on behalf of guardian ad litem Kayla Skwirut in 2019, alleged that Reed was negligent in striking J.B. The defendants' answer challenged the suit's claims, court documents showed.

The parties settled for $2.5 million after mediation with C. Judson Hamlin of the Keefe Law Firm in Red Bank, a retired Superior Court judge. Dismissal was entered on Feb. 24, and Somerset County Superior Court Judge Thomas Miller approved the settlement in a March 22 friendly hearing, documents showed.

The carrier for Easton, Lancer Insurance Co., is paying the full settlement, Greiner noted.

The judgement provides for Levinson Axelrod to be paid $614,377 in fees and $42,492 in costs; the state to be paid $75,567 to satisfy a Medicaid lien; and $1.76 million to be paid to J.B. for a structured settlement.

Heather Ragone of Gallo Vittuci Klar in New York and Hackensack, counsel to the defendants, didn't respond to a call about the settlement.

12 (Tie). Family of Bicyclist Killed by Truck Settles for $2.5M

Published: June 30, 2021

The family of a 52-year-old bicyclist who was struck and killed by a tractor-trailer has agreed to a $2.5 million settlement in their wrongful death suit, Estate of Gomes v Bozali, in federal court in Newark. A judge approved payment of the settlement on May 28.

Renato Gomes was riding his bike near the intersection of Adams and Thomas streets in Newark on July 10, 2018, when he was hit by a truck driven by Klidjam Bozali. The truck knocked Gomes to the ground, then ran over him, said the plaintiffs' lawyer, Michael Gallardo of Ginarte, Gallardo, Gonzalez & Winograd in Newark.

After realizing there was a collision, Bozali backed up the truck while Gomes was still underneath it. Gomes sustained fractures to the sternum and pelvis, according to Gallardo, who cited a plaintiff's medical expert report. That medical expert said Gomes sustained less than 60 seconds of conscious pain and suffering. A defense medical expert opined that there was no pre-impact fear, terror or conscious pain and suffering, said Gallardo.

The accident took place at a three-way intersection controlled by a stop sign on Thomas Street. Bozali, traveling east on Thomas Street, passed the stop sign without stopping, while Gomes, riding his bike south on Adams Street, was not subject to any traffic control, Gallardo said.

Gomes' estate sued Bozali, along with his employer, KAG Leasing of North Canton, Ohio, and the truck's owner, JAG Leasing, of the same North Canton address. The case was filed in Essex County Superior Court, and then removed to U.S. District Court for the District of New Jersey in Newark.

Bozali claimed in his deposition that he stopped at the stop sign for at least five seconds, and that he was not liable because he exercised reasonable care and couldn't have avoided the accident. Bozali also claimed that his view of Gomes was obstructed by his truck's left rearview mirror and that Gomes failed to exercise reasonable care.

The defendant's liability expert claimed that the truck came to a near-complete stop and was moving at a "slow crawl" at the time of impact with the bicyclist, said Gallardo. The defendant's accident reconstruction expert said in a deposition that the slowest speed the truck came to was 5 miles an hour and that it never came to a complete stop, according to Gallardo. Discovery of a dashboard camera video from Bozali's truck established that the near-stop occurred after the truck had already rolled over the white stop line and had entered the crosswalk, Gallardo said.

The $2.5 million settlement was reached in January of this year. The case was remanded to state court in April, and on May 28, Essex County Superior Court Judge Robert Gardner ordered the net settlement proceeds of $1.76 million paid to Gomes' estate.

Gomes came to the U.S. from Brazil 1 1/2 years before his death, and he worked in an auto body shop, said Gallardo. His wife and three adult children remained in Brazil.

Gallardo represented the plaintiff along with Robert Baumgarten of the same firm.

The defendants were represented by Dylan Alper of Cozen O'Connor in Philadelphia, who did not return a call.

14. Asbury Park Concertgoer Struck by Stage Diver Settles for $2M

Published: Sept. 24, 2020

A premises liability lawsuit, Kooken v. Asbury Audio Inc., alleging injuries from stage diving at an Asbury Park Convention Hall concert, settled for $2 million and was paid on Sept. 21, according to the plaintiff's attorney.

Mark W. Morris of the Clark Law Firm in Belmar said his client, Jason Kooken, has agreed to settle for the $1 million in primary insurance coverage plus an additional $1 million in umbrella coverage of the concert promoter and organizer, Asbury Audio Inc.

Daniel B. McMeen of Golden, Rothschild, Spagnola, Lundell, Boylan & Garubo in Bridgewater represented Madison Asbury Convention Hall and Asbury Audio Inc. McMeen could not be reached for comment.

Morris said the concert promoter agreed to indemnify the convention hall under the terms of a licensing agreement.

"We are pleased we were able to recover the maximum amount of available insurance coverage for our client. This type of needless injury should have been prevented and they should not have let people jump off the stage onto the crowd," Morris said. "People who go to concerts should not have to worry about someone landing on their head."

Morris said Kooken, a retired police officer, was attending a rock concert to watch a friend's band play in April 2017. The event drew 20 bands and thousands of fans. He was close to the stage to see his friend. During one of the final performances, people started climbing onto the stage and "jumping, twisting and flipping off into the crowd below," Morris said. "This type of thing went on for over 10 minutes."

Kooken was hit repeatedly by stage divers, but was unable to move away "due to moshing taking place behind him," Morris said. Kooken was knocked down by "an unidentified stage diver in a gray hooded sweatshirt who had repeatedly stage dove that evening."

Morris said the man in the gray hoodie "walked right past security, climbed on the stage, pointed and then corkscrewed his body over the band's lead singer, flipping directly onto Mr. Kooken's head."

Kooken temporarily lost feeling in his arms and legs. He was taken to Jersey Shore University Medical Center where he underwent a spinal surgery. Then he was transported to a rehabilitation facility near his home in New Hampshire for physical therapy and recovery, according to Morris.

Morris said the parties reached the settlement agreement after mediation with Kenneth J. Grispin, a retired Superior Court judge with Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins in Sprinfield.

"It is important that concert venues and promoters develop comprehensive safety plans and hire competent security people that don't let this kind of thing happen," Morris said. "We hope by achieving this result, we can prevent this kind of thing from happening to others in the future."

15. Nearly $2M Settlement Results From Crash With U.S. Postal Truck Injuring Teen

Published:  June 25, 2021

A Toms River teen who was left seriously injured and blind in one eye after the Jeep he was riding in hit a tree after a U.S. postal truck turned prematurely in front of the Jeep recently settled his personal injury claim against the federal government, C.F. v. United States of America, for nearly $2 million.

On June 2, the plaintiff, referred to as C.F., settled for $1.965 million with the U.S. over injuries he sustained in a 2016 car accident in Ocean County.

Claims were brought by C.F. and another minor passenger, D.F. The two are not related. The matter was assigned to U.S. District Judge Peter G. Sheridan and U.S. Magistrate Judge Douglas E. Arpert.

Only the portion of the case involving C.F. and his injuries has settled, according to Norman Hobbie of Hobbie, Corrigan & DeCarlo in Eatontown, who represented C.F.

The government paid $1.95 million to C.F., while the remaining $15,000 was paid to him from insurance policy funds previously deposited with the court, according to documents.

Hobbie said C.F., D.F. and R.F., who was driving, were en route to church on the morning of the crash. R.F. was behind the wheel of a 1991 green Cherokee Jeep, and C.F. and D.F. were passengers. The teens, as minors at the time of the accident, were referred to only by initials in the case.

D.F.'s claim against the government has not yet settled, and neither has a second case, R.F. v. United States of America, where R.F. is a plaintiff.

Frances C. Bajada, and Ben Kuruvilla of the U.S. Attorney's Office in New Jersey represented the federal government. Bajada and Kuruvilla had no comment on the case or the settlement

Thomas Murphy of the Law Offices of Nancy L. Callegher in Mount Laurel, represented R.F., who was a co-defendant in C.F.'s case. Murphy declined to comment.

Based on an investigation report from the Toms River Police Department, on Nov. 13, 2016, plaintiff C.F., who was 13 years old at the time, was a rear-seat passenger in the Jeep Cherokee being driven by R.F. on Washington Street.

The police report stated that a white U.S. Postal Ford truck operated by Kyle Conrad, then 27 and of Lakehurst, prematurely made a sudden left turn onto Central Avenue in front of the Jeep, and struck the Jeep's rear passenger's side fender.

"The sudden, improper left turn and subsequent impact caused the Jeep to spin counter-clockwise and hit a tree," said the police report. "The rear passenger side door hit the tree, which caused severe injury to the rear-seated passenger."

Hobbie said C.F. suffered extensive injuries, including a traumatic laceration to his right eye that left him blind in that eye, as well as facial bone fractures. C.F., who was in high school at the time, also suffered psychological injuries related to the crash.

The government and R.F., the Jeep driver, argued liability. The U.S. presented a so-called "seatbelt defense," contending that C.F. was not wearing a seatbelt at the time of the crash, and if he had been, he would not have suffered such serious injuries.

"The settlement was a fair and amicable resolution with many competing factors, including the government's denial with the seatbelt defense, nature of the injuries—life-altering for my client—and the delays from COVID and having an advisory jury," due to having a second defendant, said Hobbie. "Justice was served."

Hobbie said C.F., who turns 19 in November, is currently not working and has limitations because of the accident injuries.

"He'll be able to work, but he'll be restricted as to which occupations he can pursue," said Hobbie.

16. Suit Over Injuries Sustained in Collision With Tractor-Trailer Settles for $1.8M

Published: Dec. 22, 2020

A woman who claimed she suffered a traumatic brain injury when her vehicle was forced into a guardrail by a tractor-trailer changing lanes has settled her case in federal court, Jurkiewicz v. Prishchepov, for $1.8 million.

The settlement concludes the litigation brought by plaintiff Katherine Jurkiewicz, who sued driver Ilya Prishchepov and owner New Prime Inc. in 2017 over her injuries, according to court records, which note that the matter was closed on Oct. 30.

Jurkiewicz's counsel, Walter Dana Venneman of Gill and Chamas in Woodbrige, said the case was resolved without the assistance of a mediator or judge. The defendants' lawyer, Jon Dumont of Salmon Ricchezza Singer & Turchi in Philadelphia, didn't respond to a request for comment.

According to documents, on Jan. 20, 2015, Jurkiewicz, then 41, was driving on Interstate 287 South in Somerville in her car when the tractor-trailer, driven by Prishchepov, then 50, improperly changed lanes and struck the driver's side of her vehicle. Jurkiewicz lost control and stuck the guardrail numerous times, Venneman said.

The suit claimed Jurkiewicz, a manager for Quest Diagnostics, sustained a permanent traumatic brain injury in the crash, and sustained spinal injuries that necessitated cervical fusion. Jurkiewicz has been unable to return to work, Venneman said.

The matter was originally filed in Middlesex County Superior Court, naming Prishchepov and New Prime, but was removed to the U.S. District Court for the District of New Jersey, Trenton Vicinage, by the defendant. In her complaint, Jurkiewicz accused the defendants of negligence. The defendants responded in court papers that the plaintiff had failed to state a claim and that her injuries were caused by "third parties."

Vennerman described the defense argument as claiming there was no objective imaging study to show that Jurkiewicz suffered a subdural hematoma or head injury as was claimed.

"Based on a Facebook exchange after the accident, they did not believe she had a TBI," Venneman said. "I think they took the view that she was malingering and dishonest."

Venneman added, "In my experience, someone with a TBI retains their organic intelligence, but suffers cognitive impairments. In Katherine, processing speed, frustration, word retrieval, and conscious knowing of her impairment were the obvious indices of her TBI."

17. EMT Injured in Ski Resort Fall Settles Case for $1.75M

Published: July 8, 2021

An emergency medical technician working at a ski resort who sustained back injuries in a fall on the job settled his Morris County suit, Villecco v. Mountain Creek Resort Inc., for $1.75 million on May 25, though the corporate defendant's bankruptcy caps the plaintiff's recovery at $1.5 million.

On March 8, 2013, plaintiff Frank Villecco, then 28, was working as an EMT for Atlantic Health, which by contract provided emergency medical services to injured skiers at Mountain Creek Resort in Sparta. While helping bring an injured skier into a medical treatment room, he slipped on accumulated water in the room, landing on his tailbone, according to his lawyer, Gregg Alan Stone of Kirsch Gelband & Stone in Newark.

Villecco sustained a disc herniation to his lumbar spine, which was treated with pain management, a fusion surgery, and implantation of a spinal cord stimulator and pain medication to treat ongoing issues, Stone said. Villecco returned to work as an EMT but ultimately was forced to take a less physical job, though he didn't claim lost wages, Stone said.

The medical room was maintained by Mountain Creek, which was responsible for assuring the floor was clear of hazards, Stone said. The suit was filed in Morris County based on Villecco's residency at the time. It claimed that Mountain Creek failed to remove the water, to use mats, or to warn of the hazard, Stone said. He noted that the defense was positioned to dispute the link between Villecco's condition and the fall.

The case was delayed because of Mountain Creek's bankruptcy, according to Stone. The parties were through discovery and ready for trial when the bankruptcy proceedings concluded. The parties settled for $1.75 million during mediation with Kenneth Grispin, a retired Superior Court judge with Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins in Springfield.

The bankruptcy case, in the U.S. Bankruptcy Court for the District of New Jersey, was closed in November 2020, according to electronic court documents on PACER.

Because there was a $250,000 self-insured retention through Mountain Creek's insurance coverage, which was discharged in bankruptcy, that sum is uncollectable, Stone noted. Mountain Creek's primary carrier, Chubb lnsurance Co., is to pay $1 million, and its excess carrier, Starstone Specialty Insurance Co., is to pay $500,000, he said.

John F. Gaffney of Hueston McNulty in Florham Park, representing Mountain Creek, didn't return a call about the case.

18. Passenger Hurt in Intersection Crash Settles for $1.52M

Published: May 25, 2021

A man who underwent three operations for a spinal injury resulting from a motor vehicle accident agreed to a $1.52 million settlement in his Bergen County suit, Butcher v. Seneca, on April 9.

The accident has yielded two civil settlements in recent weeks.

Enrico Butcher Jr. was a passenger in a car that was southbound on Prospect Avenue in Hackensack on Nov. 2, 2015, when the car was struck broadside by another vehicle driven by Natalie Seneca. Seneca was headed east on American Legion Drive when she ran a stop sign and struck the other vehicle, said Butcher's attorney, Joseph LaBarbiera of LaBarbiera & Martinez in North Bergen.

Butcher, who was 56 at the time of the accident, sustained multiple herniated discs. He underwent a C5/C6 anterior discectomy with fusion in July 2016, an L4/L5 laminectomy in August 2018 and a minimally invasive robotic transforaminal lumber interbody fusion at L4/L5 in January 2019. He was able to continue at his job as a loan officer but suffered significant aches and pains, according to LaBarbiera.

Butcher filed suit against Seneca as well as her mother, Sonnia Moran, the owner of the vehicle Seneca was driving, and Charmain Watts, who was driving the vehicle he was riding in.

Watts agreed to pay $15,000. At mediation with Dennis Carey III, a former civil presiding judge in Essex County, now with Tompkins, McGuire, Wachenfeld & Barry in Roseland, Seneca and Moran agreed to pay $1.5 million. Moran's auto policy with GEICO paid $500,000 and her $3 million umbrella policy with Chubb paid the remaining $1 million. Payment was received on April 28.

Kevin McGee of Tango Dickinson Lorenzo McDermott & McGee in Millburn, who represented Seneca and Moran, confirmed the settlement.

Shortly before settling with Butcher, Seneca and Moran settled a separate suit brought by Watts, the driver of the vehicle in which Butcher was a passenger. The defendants on March 23 agreed to pay $1.5 million to Watts.

19 (Tie). Woman Who Underwent Five-Level Fusion Following Crash Settles for $1.5M

Published: May 4, 2021

A motorist who sustained spinal and shoulder injuries when her vehicle was struck at an intersection in Hackensack, including aggravation of injuries sustained in an earlier accident, settled her Bergen County suit, Watts v. Moran, for $1.5 million on March 23.

On Nov. 5, 2015, plaintiff Charmain Watts, then 46, was driving her SUV on Prospect Avenue, passing through the intersection with American Legion Drive, when she was struck from the side by another SUV that was travelling on American Legion Drive, according to her lawyer, Jeffrey Hasson, who heads a firm in Teaneck.

The vehicle that struck Watts' vehicle was driven by defendant Natalie Seneca and owned by defendant Sonnia Moran, according to Hasson and electronic court documents.

Watts filed suit in September 2017 claiming that Seneca failed to stop at a stop sign at the intersection and violently struck Watts' vehicle. Watts contended that the collision aggravated a prior injury to her cervical spine that she sustained in a 2010 automotive accident. The 2010 accident led to a two-level cervical fusion procedure for Watts, Hasson said, noting that Watts testified that she had recovered well from the 2010 accident.

But, Hasson said, following the 2015 crash, Watts "experienced a sudden return and increase of her prior cervical pain, accompanied by right shoulder pain, lower back pain, and bilateral hip pain." She underwent a revision surgery for her prior injury, as well as a five-level cervical fusion and arthroscopic surgery to her right shoulder, said Hasson, who represented Watts along with Robert Florke of the same firm.

Watts, who works with special-needs children, now has difficulty performing her job and needs help with daily activities, Hasson said.

The defendants, in their answer, denied negligence and asserted contributory negligence, electronic court documents showed.

The settlement was reached on Feb. 25, during mediation with Dennis Carey III of Tompkins, McGuire, Wachenfeld & Barry in Roseland, a retired Superior Court judge.

A stipulation of dismissal was entered on March 23, according to electronic court documents, which also showed that the parties were in discovery when the matter was resolved. A June trial date had been scheduled by Bergen County Superior Court Judge John O'Dwyer.

Payment also was made on March 23, and the full sum paid by the carrier, Chubb, Hasson said.

Kevin McGee of Tango, Dickinson, Lorenzo, McDermott & McGee in Millburn, representing the defendants, couldn't be reached by phone or email.

19 (Tie). Father's Slip and Fall Caught on Camera at Son's Home Yields $1.5M

Published: June 3, 2021

An Essex County slip-and-fall case involving a father helping his son install a security camera enclosure on his deck recently settled for $1.5 million.

Ironically, the father's injury was captured on film by the same security camera installed by his son, and the footage was used as key evidence.

In Rani Merkel v. Scott Merkel, et al, Rani Merkel, was the plaintiff, and his son, Scott, and his wife, Stacy, are co-defendants. The case settled on May 3, the day before the case was scheduled to go to arbitration, after mediation efforts last year to resolve it fell short.

Scott Merkel was insured with Chubb Insurance, which covered the entire $1.5 million settlement, according to Nicholas J. Leonardis of Stathis & Leonardis in Edison, who represented Rani Merkel.

"The video was a major piece of evidence in the case. It clearly showed plaintiff walking in a normal fashion as he stepped onto the deck and the mat sliding out from under him as he stepped on it," Leonardis said.

Michael S. Schwartz of Kirmser, Lamastra, Cunningham & Skinner in Whitehouse Station represented defendant Scott Merkel. Schwartz was not immediately available for comment.

On Oct. 20, 2018, Rani Merkel arrived with working tools, including a mitre saw, at the ranch style home of his son, Scott Merkel in Short Hills. The elder Merkel was asked by Scott to assist in building a new enclosure to house a surveillance camera on Scott Merkel's exterior deck. Scott Merkel had just installed the new surveillance system, with a camera facing the sliding door of the house, and did not have the experience or tools to complete the work himself, according to the suit.

Upon his father's arrival, Scott Merkel led the elder Merkel through the rear sliding glass door leading to the deck area. Scott had placed an old, worn-out mat on the deck that was in poor condition with no slip resistance backing to the mat, according to Leonardis.

When Rani Merkel exited the door and stepped onto the mat, the mat slid out from under his right foot, causing his right leg to slide out from beneath him. The fall was captured on camera by Scott Merkel's surveillance camera on the rear deck, Leonardis said.

Rani Merkel fell onto his right leg, causing severe fractures to that leg: fractures to the distal tibia and fibula requiring open reduction and internal fixation surgery to stabilize and heal the broken bone, and he experienced a post-operative infection requiring a second surgery to remove some screws, Leonardis said.

In his deposition, Scott Merkel took the position that he and his wife Stacy bought the house with the mat, and that although they lived in the home for several years, they hadn't noticed that the mat had become worn and unsafe. Scott Merkel also maintained that he and his wife had preserved the mat as evidence, but at some point, the mat was disposed of. Scott and Stacy Merkel could not provide any details as to how or who disposed of the mat, according to Leonardis.

Both sides presented experts to bolster their case: Rani Merkel, a civil engineer and an orthopedic surgeon; and Scott Merkel, a civil engineer and an orthopedist.

Leonardis said his client, now 70 and a retired business consultant, is fully mobile but continues to experience pain and limitations due to his injuries. He did not file a wage loss claim.

"The $1.5 million was a fair recovery," Leonardis said. "While Plaintiff did suffer significant injuries, he did have a fairly good recovery. Given the nature of his injuries, he will always have some degree of pain and limitations with his leg."

Leonardis said father and son are on speaking terms.