New Jersey Verdicts and Settlements

Plaintiff: 39 year old labor foreman Plaintiff’s Counsel: Bochetto & Lentz County: Gloucester Judge: Jean McMaster Facts: Plaintiff was a passenger in a work van driven by a co-worker that veered off the road at a refinery and struck a sleeve protector. He alleged negligence by the refinery’s EMTs and later by emergency physicians. Injuries: Incomplete quadriplegia, fractures, herniated disc, loss of consortium. Demand: $16.5 million Result: $900K settlement and prevailed on contractual defense and indemnity.

Plaintiff: Female nurse in her 50s. Plaintiff’s Counsel: Bafundo, Porter, Borbi & Clancy County: Burlington Judge: John Harrington Facts: A bank customer tripped and fell between a large gap in concrete sidewalk pads. Injuries: Elbow fracture Demand: $650,000 Result: Defense verdict Client: General contractor

Plaintiff: 31 year old roofer Plaintiff’s Counsel: Rayne McCarty (Gerry McHugh) County: District of New Jersey, Camden Vicinage/Judge Schneider Facts: Plaintiff fell 35 feet from an unguarded rooftop at Fort Dix. Injuries: Shattered feet, pelvis, ribs, and orbital bones; impaired bowel, bladder, and sexual function and TBI. Demand: $15 million Result: $1M settlement prevailed on contractual and coverage issues Client: General Contractor

Plaintiff: 40 year old mass transit maintenance worker Plaintiff’s Counsel: Law Offices of Marvin I. Barish County: Essex County Facts: Plaintiff was attempting to open a water valve when the valve failed, causing plaintiff to be struck by high pressure water in the Lincoln tunnel. Damages: Cervical and lumbar back injury, TBI, multiple disk and herniations, left AC fracture (surgical repair), nerve injuries, shoulder and rib fractures, hearing loss, psychological injuries. Boardables $2.7 million Demand: $12 million Result: $275,000 joint/tort Client: Amtrak

 

Plaintiff: 37 year old civil surveyor Plaintiff’s Counsel: Rossetti DeVoto County: Camden Judge: Michael Kassel Fact: Plaintiff attempted to move a large broken auger bit located atop pipes he was to survey. Injuries: Herniated lumbar discs requiring multiple surgeries and boardables of $2 million Demand: $3.3 million Arbitration award: nearly $1.3M. Result: Discovery focused on plaintiff’s preexisting injuries and malingering. $175K  

Plaintiffs: Two concrete workers, one in his 20s and one in his 40s Plaintiffs' Counsel: Paul D’Amato County: Atlantic Judge: Nelson Johnson Facts: Plaintiffs, working below the boom pump, were injured when the welding repair to large concrete placing boom failed and fell. Injuries: Permanent partial neck, spine, and leg impairments; elbow fractures and permanent partial arm impairments Demand: $2.3 million and $570,000 Result: Punitive damages dismissed. $500k and $50k settlements. Client: Supplier and operator of concrete boom/pump

Plaintiff: Princeton University Plaintiff’s Counsel: White and Williams LLP Facts: This was a subrogation claim following extensive water damage at the Princeton library rare book and map collection when an allegedly faulty sprinkler system failed. Damages: Property damage. Demand: $3.5 million. Result: The case settled pre-suit with no contribution from our client. Client: Construction Manager

Plaintiff: 40 year old drywall finisher Plaintiff’s Counsel: Mr. Kaplan County: Camden Judge: C.W. Dortch, Jr. Facts: Plaintiff slipped on wet debris left on a wet floor as he descended a ladder. Damages: Concussion and TBI, chronic cervical radiculopathy, ACL and medial meniscus tears, carpal tunnel syndrome with boardables of $1 million Demand: $1.75 million Result: After implementation of an aggressive discovery plan focused on plaintiff’s culpability and preexisting injuries. $60K.

Plaintiff: 36 year old tile finisher. Plaintiff’s Counsel: Aronberg & Kouser County: Burlington Judge: Karen L. Suter Facts: Plaintiff fell into uncovered tree well. Our client installed the covers. Damages: lumbar herniations and $250k in boardables. Demand: $1.5 million Defense: No duty and no negligence. Result: Dismissed from case.

Plaintiff: 40 year old electrician County: Monmouth County, New Jersey Facts: Plaintiff was electrocuted while replacing light fixtures at a prison due to improper enforcement of lockout/tagout requirements. Damages: Cardiac arrest, burns and brain damage Demand: $1.4 million Result: Settled for $25,000.00 prior to suit being filed after aggressive investigation and negotiations. Client: Prison and Contractor

Plaintiff: 33 year old pedestrian Plaintiff’s Counsel: Sawyer, Gale, Laughlin & Schneider County: Monmouth Judge: Locascio Facts: Plaintiff tripped over construction debris and fell at a truck stop. Damages: Multiple leg, knee, and ankle fractures and shattering requiring three surgeries, leg impalement on rebar, and boardables of $150K. Demand: $1.2 million Result: three week trial received two defense verdicts and third client was assessed at 20% of damages (substantially lower than pretrial offer).

Plaintiffs: Driver and his passenger Plaintiff’s Counsel: Segal & Burns County: Atlantic Judge: William E. Nugent Facts: Plaintiffs were rear-ended by Defendant’s employee driving a work vehicle. Injuries: Driver: Herniations with radiculopathy with surgeries. Passenger: Permanent spine and hip injuries with surgeries. Arbitration awards: $165k and $185k Result: Dismissed from case Client: Insulation company and its driver (found to be negligent as a matter of law)

Plaintiff: 52 year old carpenter Plaintiff’s Counsel: Saltz Mongeluzzi Barrett & Bendesky County: Camden County Facts: Plaintiff fell 16 feet from an unguarded elevated platform. Damages: Head trauma, TBI, numerous orthopedic (fractures, shattering), and nerve disk injuries. Result: Following our early intervention, pre-suit, and relationship with Plaintiff’s counsel, our client was not sued. Clients: Contractor and Plant Owner

Plaintiff: 50 year old woman Plaintiff’s Counsel: Taylor, Taylor & Leonetti County: Camden, NJ Facts: Plaintiff slipped and fell on ice at the Ashland PATCO station. Damages: Fracture of the right humeral head and neck. Boardables $240,000.00 Result: Our client was dismissed based on our defense that it had no ongoing duty to inspect for ice once snow removal was complete. Client: Snow Contractor

Plaintiff: Homeowners Plaintiff’s Counsel: Lomurro, Davidson, Eastman & Munoz County: Mercer, NJ Facts: Plaintiffs alleged asbestos abatement contractor failed to fully remove asbestos, exposing family. Damages: Emotional distress, testing and remediation costs, replacement of personalty, remediation, punitives. Demand: $2.7 million Result: Settled for $5,000.00, which was less than Plaintiffs' out of pockets. No noneconomic damages recovered. Client: Asbestos Abatement Contractor

Plaintiff: 49 year old casino worker Plaintiff’s Counsel: Tabas & Rosen, P.C. old, Silvernman, Goldenberg & Binder County: Atlantic County/Judge Kane Facts: Slip on ice in casino parking garage. Plaintiff alleged design and construction defects which allowed water to enter and ice to form. Damages: Right shoulder labral tear, right shoulder impingement syndrome, tear of superior and posterior labrum, acromio-clavicular joint hypertrophic impingement, rotator cuff tear. Demand: $1.2 million Result: Following issuance of a Safe Harbor/frivolous lawsuit letter, our client was dismissed from this action with no contribution. Client: General Contractor/Builder

Plaintiff: 39 year old jogger, off-duty police officer Plaintiff’s Counsel: Rosetti & DeVoto, PC County: Camden County/Judge Solomon Facts: Plaintiff was jogging adjacent to a bank building under construction and tripped on landscape netting. Damages: Fractured left heel with complications, requiring two surgeries. Demand: $750,000 Result: Our client was the builder of the bank. However, we argued that we were not responsible for the landscaping of the adjacent areas as the bank was a free standing building in a shopping center. We were dismissed from the case with no contribution. Client: General Contractor/Builder

Plaintiff: 22 year old mother of infant. Plaintiff’s Counsel: Garber Law Firm County: Camden County Superior Court Facts: Plaintiff slipped and fell on construction debris while exiting movie theater. Damages: Herniated discs with radiculopathy, ankle injury. Demand: $375,000 Result: Based on our strategy that our construction activities did not extend to the area where the accident occurred, our client was dismissed by stipulation with no contribution. Client: General contractor/builder

Plaintiff’s Counsel: Tabas & Rosen County: Atlantic County Superior Court Facts: 53 year old casino security guard alleges rotator cuff tear and shoulder impingement from fall in parking garage. Damages: Rotator cuff tear requiring surgery. Demand: N/A Result: Stipulation of Dismissal with prejudice; no contribution from client. Client: We represented the General Contractor.

Plaintiff’s Counsel: Rosetti & DeVoto, PC County: Camden County Superior Court Facts: 39 year old SWAT officer fell while jogging and sustained injuries. Damages: plaintiff sustained a fractured heel which did not heal properly and had to undergo multiple surgeries Demand: $ Result: Stipulation of Dismissal, no contribution from client. Client: We represented a subcontractor.

Plaintiff’s Counsel: Bazelon Less & Feldman, PC County: Mercer County Superior Court Facts: Defect in a 240 foot glass wall on Princeton University campus. Damages: N/A Demand: N/A Result: Stipulation of Dismissal for insured, no contribution from client. Client: We represented a subcontractor.

Plaintiff’s Counsel: Peter Laub Jr & Associates, LLC County: Ocean County Superior Court Facts: Employee of CVS Pharmacy sustained a slip and fall while removing snow from the loading dock area of the store Damages: multiple herniations, disfigurement, permanent injuries and underwent spinal surgery Demand: $500,000 Result: Insured settled for $20,000 Client: We represented a subcontractor.

Plaintiff’s Counsel: Westmoreland Vesper & Quattrone County: Ocean County Superior Court Facts: Pedestrian was struck and killed by construction truck while crossing an intersection Damages: fatality Demand: N/A Result: Informally not sued Client: We represent the driver of the construction truck and his employer.

 

   

 Plaintiff: Hotel/casino/spa Plaintiff’s Counsel: Cozen O’Conner, Dugan, Brinkmann, Maginnis & Pace, and Weinberg, Wheeler, Hudgins, Gunn & Dial County: Atlantic Judge: Anthony Gibson Facts: A fire during construction of a 43-story hotel caused extensive damage to the hotel under construction and the adjacent casino, hotel, and spa. Damages: $40 million + property damages Result: $100k settlement Client: Steel fabrication subcontractor  

CASE NAMES AND DETAILS REGARDING THE ABOVE ARE AVAILABLE UPON RECEIPT. ALSO, THERE ARE NUMEROUS OTHER CASES WITH SIMILAR RESULTS WITH THOSE CASES ABOVE.