Middlesex Jury Delivers $2.5 Million Verdict in Case of Multi-Vehicle Accident
In Tomaselli v. Siegal, a Middlesex County jury awarded a South Brunswick woman and her husband $2.5 million as compensation for injuries she sustained…
December 26, 2018 at 09:00 AM
4 minute read
In Tomaselli v. Siegal, a Middlesex County jury awarded a South Brunswick woman and her husband $2.5 million as compensation for injuries she sustained when she was involved in a three-car accident.
The jury on Dec. 17 awarded $2.3 million to plaintiff Jennifer Tomaselli, now 46, and $200,000 to her husband, Girolamo, on a per quod claim, said the family's attorney, Mark Kuminski.
The trial was for damages only as liability was not contested, said Kuminski, of the Jamesburg office of Levinson Axelrod.
Tomaselli was injured on Nov. 21, 2014. She was stopped at a red light while driving on New Brunswick Road near Cedar Grove Lane in Somerset Township.
A car driven by defendant Bernard Siegal of Somerset failed to stop and rear-ended another car, driven by Nevine Ragheb, also of Somerset, Kuminski said. Tomaselli was then struck from behind by Ragheb's car, Kuminski said.
Tomaselli sustained injuries to her neck, back and shoulder, as well as a concussion, Kuminski said. While the concussion was resolved, she was required to undergo multiple pain management procedures for her orthopedic injuries, as well as two neck surgeries, he said.
The first neck surgery was a discectomy and the implantation of an artificial disc, Kuminski said. The surgery resulted in increased movement of the spine, which led to the development of arthritis, he said. As a result, the artificial disc was removed, and the plaintiff underwent spinal fusion surgery, Kuminski said.
Tomaselli continues to suffer from symptoms related to her injuries, Kuminski said.
Superior Court Judge Phillip Paley presided over the trial, which lasted four days.
Siegal's carrier, New Jersey Manufacturers Insurance Co., retained Michael McCaffrey of Purcell Mulcahy Flanagan in Bedminster. He didn't return a call about the case.
— Michael Booth
|$875,000 For Restaurant Fall
Lewis v. P.B.'s Diner and Taproom: A restaurant patron who suffered traumatic brain injury after a stairway fall agreed to an $875,000 settlement in his suit in U.S. District Court on Nov. 13.
Jack Lewis, then 66, was exiting PB's Diner and Taproom in Glassboro on June 19, 2015, when he lost his footing at the top of an exterior stairway. The restaurant owner created a tripping hazard by removing some tile and replacing it with a piece of wood, according to plaintiff lawyer Gerald Baldino Jr. of Sacchetta & Baldino in Media, Pennsylvania.
Lewis' shoe became caught, and he fell down six steps, striking his head. A CT scan of the brain was read as negative, and he was discharged, but he was ordered to return several hours later when a second reading of the same scan showed a brain bleed. He was diagnosed with a subdural hematoma and concussion, and released after one day.
A month after the fall, Lewis returned to his job as a corporate controller, but experienced effects of a traumatic brain injury, including memory loss, the suit claimed. He retired from his job roughly one year later, due to what he claimed were ongoing effects of the brain injury, Baldino said.
According to Baldino, the restaurant acknowledged Lewis' injury but asserted that he made a full recovery, as evidenced by his return to his job. The restaurant also asserted that alcohol intoxication contributed to his fall. He had consumed two alcoholic drinks with dinner.
The parties agreed to settle for $875,000. The restaurant had $1 million in coverage with Utica First Insurance Company, Baldino said.
The lawyer for the restaurant was Thomas Decker of Decker & McGaw in Westfield. He did not return a call about the case.
— Charles Toutant
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTurning the Tables: Defense Litigators Embrace Lawsuits, Alleging Fraud at Plaintiffs Shops
6 minute readTitle Insurance Agency on Hot Seat Over Homebuyer Fees, Alleged Kickbacks
3 minute readNJ Justices Mull Insurer's Duty to Defend Employer's Negligence Claim in Workers' Comp Dispute
6 minute readTrending Stories
- 1Judicial Ethics Opinion 24-59
- 2The American Lawyer Names Industry Award Winners
- 3Regulatory Upheaval Is Coming. How Businesses Prepare and Respond Will Separate Winners and Losers
- 4Cravath Elevates 7 to Partnership, Up From Last Year
- 5Kline & Specter Hit With Lawsuit From Another Former Associate
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250