Princeton Truck Accident Lawyers
Verdicts and Settlements
$2.5M in New Jersey Truck Accident Case
Doe v. Solid Waste Services Inc.:
A trash hauling company agreed on March 3 to pay $2.5 million to a motorist injured in a crash with one of its tractor-trailers, settling a suit in Essex County.
[The motorist] was driving on the New Jersey Turnpike near Newark on July 23, 2001, when the truck tried to move from the left to the right lane, hitting the left front of his car. The car struck a guardrail, turned 180 degrees and lodged under the truck's trailer.
[The motorist] sued Solid Waste Services Inc. of Harrisburg, Pa., and its truck-owning subsidiary J.P. Mascaro & Sons, arguing the truck driver negligently changed lanes when [the victim]'s car was in his blind spot.
[The motorist] suffered severe clavicle and left hip fractures and a ruptured urethra that resulted in incontinence and partial sexual dysfunction. [He] is still employed as an administrator in Jersey City, but has nerve damage in his left foot, which makes walking difficult, said his lawyer, Gabriel Lependorf, of Lependorf & Silverstein in Princeton, who was assisted in the case by partner David Silverstein.
The defendants, represented by Stephan Fenster, a partner at Gallo Geffner & Fenster in Paramus, were prepared to contest liability and argue that [the victim] failed to undergo a medical procedure that might have mitigated his incontinence and sexual dysfunction.
The case had been listed for trial. The settlement was reached after two days of mediation with retired Superior Court Judge Edward Seaman.
The defendants had a $1 million policy with Wausau Insurance of Wausau, Wisc., and an excess coverage policy with AIG of New York.
- NEW JERSEY LAW JOURNAL, September 15, 2003
Bicyclist fell avoiding pickup truck, damaging both wrists
| SETTLEMENT | $225,000 |
| CASE | Jonathan Vogel v. Cheryl Davis, No. ESX-2104-05 |
| COURT | Essex County Superior Court, NJ |
| JUDGE | Theodore A. Winard |
| DATE | 8/14/2007 |
| PLAINTIFF ATTORNEY(S) | David E. Silverstein, Lependorf & Silverstein, P.C., Princeton, NJ |
| DEFENSE ATTORNEY(S) | Chad B. Sponder, Hardin Kundla, McKeon & Poletto, P.A., Springfield, NJ |
Facts & Allegations On July 24, 2004, plaintiff Jonathan Vogel, 34, rode his bicycle down Wyoming Avenue in South Orange, with his two-year-old son strapped in a children's seat on the back. As Vogel was about to pass Redmond Road, a black Toyota pickup made a right turn in front of them. In order to avoid contact with pickup, Vogel veered sharply off the shoulder and into a grassy yard, where the bicycle fell to the side. Vogel extended both hands to break the fall.
Two bystanders ran after the truck and stopped the driver, Cheryl Davis, who later said she hadn't stopped because she hadn't felt anything: the pickup and the bicycle never made contact.
Vogel suffered abrasions and scrapes, and his helmet even cracked, but his child was fine. Within months, the real estate developer and avid bicyclist realized that his wrists were not healing.
"He's the type of guy that, on his honeymoon for instance, went to Alaska and hiked through the woods," plaintiff's counsel later commented.
Vogel sued Davis for motor vehicle negligence, alleging that she suddenly turned right and left him no choice but to steer off the shoulder. Counsel argued that a motorist has the duty to yield to bicyclists.
The defense contested liability. Davis said she thought she had enough time to turn. The defense argued that Vogel should have been aware of the pickup and slowed to allow Davis to make the turn.
INJURIES/DAMAGES
Jonathan Vogel sustained ligament damage in both wrists. He didn't seek medical attention for several months, but by September he realized that his wrists were not healing and sought medical treatment.
Vogel underwent arthroscopic surgery on March 9, 2005, but it helped little. On Dec. 12, 2006, the right-handed attorney underwent a second surgery to his right wrist, called Blatt Catsulodesis, which includes internal fixation with pins. On Feb.1, 2007, he had the hardware removed.
Vogel missed no work. All medicals were covered by PIP.
Vogel claimed pain and suffering; he still has pain in the wrists.
The physician for the second surgery, Scott W. Wolfe, M.D., determined that Vogel would suffer permanent residual pain.
"It's not like he's a concert violinist or a pitcher," plaintiff's counsel David Silverstein, later said. "He has trouble using his computer mouse and trouble playing tennis and kayaking.?
The defendant's medical expert, Ross J. Fox, M.D., basically agreed that the Vogel needed the second surgery, saying, "I will concede to Dr. Wolfe's recommendations on this patient."
Silverstein later added, "It was refreshing to get a doctor who agreed with Dr. Wolfe and agreed that this guy was really hurt and needed the surgery."
| RESULT | Cheryl Davis held a $250,000 policy with Encompass Insurance Co. Jonathan Vogel settled for $225,000. |
| INSURER(S) | Encompass Insurance Co. |
| PLAINTIFF EXPERT(S) | Scott Wolfe, M.D., orthopedic surgery, New York, NY |
| DEFENSE EXPERT(S) | Ross Fox, M.D., orthopedic surgery, |
| EDITOR'S NOTE | This report is based on an interview with plaintiff's counsel. The defense did not respond to phone calls |
- Stephen Kurczy
Additional Verdicts and Settlements
Contact our team at Lependorf & Silverstein for a free consultation and let our smart, aggressive legal representation go to work for you today.