A former steel worker from Toms River will receive $5.3 million as compensation for injuries he sustained when an under-construction airport hangar where he was working collapsed. The case is Collier v. Airport Road Construction.

The plaintiff, Richard Collier, now 36, and the carriers for the three defendants contributing to the settlement agreed to the settlement on Nov. 15, said Collier's attorney, Raymond Gill Jr.

The lawsuit was filed in Middlesex County Superior Court and was scheduled to go to trial in January, said Gill, of Gill & Chamas in Woodbridge. The case had been managed by Superior Court Judge Vincent LeBlon.

Collier was injured on Jan. 16, 2015, while working on the construction of the hangar at Morristown Municipal Airport. The hangar was being built by Airport Road Construction; a subsidiary and general management company, Airport Road Construction Management; Collier's employer, subcontractor 360 Steel Erectors; and several other subcontractors, Gill said.

When the structure collapsed, Collier fell about 40 feet to the ground, according to the lawsuit, which alleged that the collapse occurred because the building had not been properly braced.

Collier sustained multiple pelvic fractures, multiple right leg fractures, rib fractures and a right leg popliteal injury, all of which required surgeries to repair, Gill said, adding that Collier has been declared disabled and has not been able to return to work.

Travelers Insurance Co. provided coverage for the Airport Road defendants, while Western World Insurance Co. provided coverage for Monmouth Equipment Sales. Gill declined to provide a breakdown as to how much each carrier will pay of the $5.3 million sum.

Airport Road Construction Management was represented by Douglas Sanchez of the Woodcliff  Lake office of Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet. William Staehle, who heads a firm in Morristown, represented Airport Road Construction. Carl Perrone of Iaciofano & Perrone in Morristown represented Monmouth Equipment Sales. None returned calls about the case.

Collier's award will be offset by a $700,000 workers' compensation lien, Gill noted.

— Michael Booth

Ocean Auto Case Settles For $1.9M

Bodner v. Wright: A woman who claimed her spinal condition was worsened in a rear-end accident settled her Ocean County suit for $1.9 million on Nov. 28.

On July 18, 2013, Donna Bodner, then 38, was sitting in traffic in her car on Route 35 North in Wall Township when another car, driven by defendant Madeline Wright, struck her from behind, pushing Bodner's car into the vehicle in front of her. The suit claimed the impact aggravated pre-existing conditions in Bodner's cervical and lumbar spine, according to the attorneys involved in the case.

Bodner underwent a one-level disc replacement to treat a disc herniation at the cervical level, and a one-level laminectomy to treat a disc bulge and herniation at the lumbar level, said her lawyer, Nicholas Leonardis of Stathis & Leonardis in Edison. Bodner underwent another procedure to correct a spinal fluid leak that developed after the first two surgeries, Leonardis said.

The parties went through expert discovery and settled on Nov. 28, shortly before a trial scheduled for Dec. 3 before Ocean County Superior Court Judge Mark Troncone. Wright's auto carrier, New Jersey Manufacturers, paid $490,00 of a $500,000 policy, with the difference having already been paid out on property damage, and her excess auto carrier, Cumberland Insurance, paid $1.41 million, according to Leonardis and Michael Kelly of Ronan, Tuzzio & Giannone in Tinton Falls, who was retained by NJM to represent Wright. Kelly confirmed the settlement.

Defense experts contended that Bodner's spinal condition and the need for medical treatment were attributable to the pre-existing condition and not to the accident, the lawyers said.

Bodner received treatment prior to the accident, but the treatment was conservative, Leonardis said.

Joseph Murray of Zimmerer, Murray, Conyngham, & Kunzier in Manasquan, who represented Cumberland Insurance in the settlement negotiations only, didn't return a call about the case.

— David Gialanella

No-Cause in Middlesex Auto Case

Garcia v. Allstate Insurance Co.: A Middlesex County jury on Oct. 5 returned a defense verdict in an uninsured-motorist claim.

According to counsel in the case, plaintiff Xiomara Reynoso Garcia on June 18, 2014, was stopped on Watson Avenue in Perth Amboy, when a minivan in front of her backed up and struck the front of her sedan. The minivan had backed up because of construction taking place on the road. Garcia claimed multiple permanent injuries.

The motorist who struck Garcia was uninsured. As a result, Garcia sued her insurers, Allstate Insurance Co. and Government Employees Insurance Co., seeking to recover her uninsured-motorist policies. She had a $300,000 policy with Allstate, and a $100,000 policy with GEICO. The insurers stipulated to liability, and the case was tried on causation.

Garcia, a nurse, was taken by ambulance to an emergency room, examined and released. She later complained of pain to her neck, low back, right shoulder and right wrist, and received chiropractic treatment for a year and a half. She was diagnosed with herniations at C5-6 and C6-7; bulging at L5-S1; an aggravation of a pre-existing arthritis in her right, dominant shoulder; and a tear of the triangular fibrocartilage complex in her right wrist. She was treated with injections. Garcia's orthopedic expert causally related her injuries and treatment to the accident and determined that Garcia would require future surgical intervention. Garcia claimed ongoing shoulder and spinal pain and limitations  that interfered with her job duties. She sought damages for future pain and suffering.

The defense's orthopedic expert examined Garcia and said her MRI films showed degenerative findings in the cervical and lumbar spine, and no wrist or shoulder issues. The expert said there were no objective evidence of any permanent injury.

Following a four-day trial before Superior Court Judge Lisa M. Vignuolo, the jury by a 7-1 vote rendered a defense verdict. It determined that Garcia's injuries were not permanent within the meaning of the verbal tort threshold.

Garcia was represented by Michelle M. Tullio of Garces Grabler LeBrocq; Allstate, by Frederic J. Regenye of the Law Offices of Kenneth N. Lipstein; GEICO, by Darren C. Kayal of Rudolph & Kayal.

*Editor's Note: This report is based on information that was provided by GEICO's counsel. Plaintiff's counsel and Allstate's counsel did not respond to the reporter's phone calls.

— Adapted from VerdictSearch reports.