In Estate of Simonelli v. Princeton, a Mercer County suit claiming that a town pool was negligent in failing to detect and rescue a swimmer who went underwater and ultimately drowned settled for $1.75 million on Oct. 30.

On Aug. 20, 2016, Colin Simonelli, 24, was at the community pool complex in Princeton with his father, swimming in a large pool being monitored by two lifeguards in elevated chairs, according to the estate's attorney, Neil Weiner of the Lynch Law Firm in Hasbrouck Heights.

At one point, Simonelli lost consciousness and became submerged in about four feet of water. He was discovered after more than six minutes by other swimmers and removed from the water, after which attempts were made to resuscitate him at the facility and en route to Princeton Medical Center, but those attempts were unsuccessful. The suit asserted a claim for conscious pain and suffering, and a Portee claim on Simonelli's father's behalf.

A plaintiff expert said Simonelli fainted, while the defense contended that he had experienced a cardiac event that caused him to go underwater, according to Weiner, who noted that the autopsy report revealed that Simonelli had an enlarged heart, but the official cause of death was drowning.

The defense also disputed that there was conscious pain and suffering, Weiner said.

The suit contended that the guards were incorrectly positioned on the same side of the pool, but should have been positioned with crossing lines of sight, leading to the failure to detect Simonelli in distress. Weiner noted that he had retained an expert on pools.

The suit claimed that, no matter how Simonelli ended up underwater, the pool was negligent in failing to aid him.

The municipality, covered by the Joint Insurance Fund, agreed to settle the case for $1.75 million, while the case was in discovery.

Princeton's lawyer, Patrick Carrigg of the Lenox Law Firm in Lawrenceville, didn't return a call about the case.

— David Gialanella

$1M for Job Site Electrocution

Cotton v. Goldman Sachs & Co.: The estate of an electrician who died while performing maintenance on an office building agreed to a $1 million settlement in a Middlesex County suit on Oct. 11.

William Cotton, 49, an employee of Scholes Electric, died on Dec. 24, 2013, after an accident at the Goldman Sachs data center in Bridgewater. Cotton was sent to the building on Nov. 23, 2013, to shut down its electrical system for repair of a broken switch and for routine maintenance, according to the suit.

Building manager CBRE Inc. requested that locks on various electrical components be replaced with new ones. Cotton and his foreman worked on changing the locks on various components, including two surge-protection devices known as snubbers, each housed in an enclosure the size of a phone booth, said plaintiff lawyer Peter Chamas of Gill & Chamas in Woodbridge. The snubbers were part of the building's two redundant electrical systems, but only the snubber for System A was de-energized, Chamas said.

After removing the lock for System B's snubber, for unknown reasons, Cotton stepped into the snubber, which was energized with 26,000 volts. He was immediately electrocuted. He died a month later, Chamas said.

It's unknown why Cotton went into the snubber, and the defense theorized that he intended to commit suicide, Chamas said.

A witness said he saw Cotton attempt to open the door for the System B snubber, only to hear his foreman yell that System B was energized and that he should not open it. But the foreman then left the area, and Cotton was found unconscious a short time later, Chamas said.

The suit claimed CBRE failed to ensure the safety of workers at the site. That company said Cotton and his foreman were instructed to remove locks on A-side components only and that Cotton was aware the B-side snubber was energized.

The settlement calls for Selective Insurance to pay the $1 million on behalf of CBRE and two of its employees.

Peter Cuddihy of Margolis Edelstein in Mount Laurel, who represented CBRE and its employees, did not return a call seeking comment.

— Charles Toutant

$490K in Middlesex Auto Case

Avolio v. Sak-Kochar: A Highland Park woman has received $489,834 as compensation for injuries she sustained when her car was struck head-on by another.

Plaintiff Patricia Avolio, now 54, received her settlement funds from Encompass Insurance Co., the carrier for defendant Alexander Sak-Kochar of Edison, on Nov. 13, said Avolio's attorney, Howard Wiener.

The lawsuit, filed in Middlesex County Superior Court, settled on Oct. 26, said Wiener, of Tobin, Kessler, Greenstein, Caruso, Wiener & Konray in Clark.

Avolio was injured Aug. 4, 2016, while she was driving west on Woodbridge Avenue in Edison, Wiener said.

Sak-Kochar, according to Wiener, was driving eastbound when he lost control of his car, crossed the center line and struck Avolio's car head-on.

Avolio sustained a broken right leg, a broken right heel and a broken left elbow, Wiener said.

Encompass retained Frank Caruso of New Brunswick's Hoagland, Longo, Moran, Dunst & Doukas. He declined to comment.

— Michael Booth

In Estate of Simonelli v. Princeton, a Mercer County suit claiming that a town pool was negligent in failing to detect and rescue a swimmer who went underwater and ultimately drowned settled for $1.75 million on Oct. 30.

On Aug. 20, 2016, Colin Simonelli, 24, was at the community pool complex in Princeton with his father, swimming in a large pool being monitored by two lifeguards in elevated chairs, according to the estate's attorney, Neil Weiner of the Lynch Law Firm in Hasbrouck Heights.

At one point, Simonelli lost consciousness and became submerged in about four feet of water. He was discovered after more than six minutes by other swimmers and removed from the water, after which attempts were made to resuscitate him at the facility and en route to Princeton Medical Center, but those attempts were unsuccessful. The suit asserted a claim for conscious pain and suffering, and a Portee claim on Simonelli's father's behalf.

A plaintiff expert said Simonelli fainted, while the defense contended that he had experienced a cardiac event that caused him to go underwater, according to Weiner, who noted that the autopsy report revealed that Simonelli had an enlarged heart, but the official cause of death was drowning.

The defense also disputed that there was conscious pain and suffering, Weiner said.

The suit contended that the guards were incorrectly positioned on the same side of the pool, but should have been positioned with crossing lines of sight, leading to the failure to detect Simonelli in distress. Weiner noted that he had retained an expert on pools.

The suit claimed that, no matter how Simonelli ended up underwater, the pool was negligent in failing to aid him.

The municipality, covered by the Joint Insurance Fund, agreed to settle the case for $1.75 million, while the case was in discovery.

Princeton's lawyer, Patrick Carrigg of the Lenox Law Firm in Lawrenceville, didn't return a call about the case.

— David Gialanella

$1M for Job Site Electrocution

Cotton v. Goldman Sachs & Co.: The estate of an electrician who died while performing maintenance on an office building agreed to a $1 million settlement in a Middlesex County suit on Oct. 11.

William Cotton, 49, an employee of Scholes Electric, died on Dec. 24, 2013, after an accident at the Goldman Sachs data center in Bridgewater. Cotton was sent to the building on Nov. 23, 2013, to shut down its electrical system for repair of a broken switch and for routine maintenance, according to the suit.

Building manager CBRE Inc. requested that locks on various electrical components be replaced with new ones. Cotton and his foreman worked on changing the locks on various components, including two surge-protection devices known as snubbers, each housed in an enclosure the size of a phone booth, said plaintiff lawyer Peter Chamas of Gill & Chamas in Woodbridge. The snubbers were part of the building's two redundant electrical systems, but only the snubber for System A was de-energized, Chamas said.

After removing the lock for System B's snubber, for unknown reasons, Cotton stepped into the snubber, which was energized with 26,000 volts. He was immediately electrocuted. He died a month later, Chamas said.

It's unknown why Cotton went into the snubber, and the defense theorized that he intended to commit suicide, Chamas said.

A witness said he saw Cotton attempt to open the door for the System B snubber, only to hear his foreman yell that System B was energized and that he should not open it. But the foreman then left the area, and Cotton was found unconscious a short time later, Chamas said.

The suit claimed CBRE failed to ensure the safety of workers at the site. That company said Cotton and his foreman were instructed to remove locks on A-side components only and that Cotton was aware the B-side snubber was energized.

The settlement calls for Selective Insurance to pay the $1 million on behalf of CBRE and two of its employees.

Peter Cuddihy of Margolis Edelstein in Mount Laurel, who represented CBRE and its employees, did not return a call seeking comment.

— Charles Toutant

$490K in Middlesex Auto Case

Avolio v. Sak-Kochar: A Highland Park woman has received $489,834 as compensation for injuries she sustained when her car was struck head-on by another.

Plaintiff Patricia Avolio, now 54, received her settlement funds from Encompass Insurance Co., the carrier for defendant Alexander Sak-Kochar of Edison, on Nov. 13, said Avolio's attorney, Howard Wiener.

The lawsuit, filed in Middlesex County Superior Court, settled on Oct. 26, said Wiener, of Tobin, Kessler, Greenstein, Caruso, Wiener & Konray in Clark.

Avolio was injured Aug. 4, 2016, while she was driving west on Woodbridge Avenue in Edison, Wiener said.

Sak-Kochar, according to Wiener, was driving eastbound when he lost control of his car, crossed the center line and struck Avolio's car head-on.

Avolio sustained a broken right leg, a broken right heel and a broken left elbow, Wiener said.

Encompass retained Frank Caruso of New Brunswick's Hoagland, Longo, Moran, Dunst & Doukas. He declined to comment.

— Michael Booth