The estate of a man killed by a police vehicle while standing outside his own vehicle following a collision on Interstate 287 settled a Morris County lawsuit against the state and another motorist, Estate of Sarrecchia v. State of New Jersey, for $1.8 million on Nov. 13.

In the early morning hours of May 18, 2014, Salvatore Sarrecchia, 47, of Sparta, was driving northbound on I-287 in Bedminster in his SUV, with his wife Nicole in the passenger's seat, when he struck a disabled vehicle that had been abandoned in the right lane. Sarrecchia swerved over to the left lane, where he stopped his SUV and attempted to assist Nicole in getting out. As he stood at the rear of his SUV, with its flashers activated, an official police vehicle driven by Sgt. Lawrence Lynn, a police officer for the state Department of Health and Human Services, approached in the left lane with its emergency lights activated, and struck Sarrecchia, who died at the scene, said the estate's lawyer, Kenneth Elwood of Blume Forte Fried Zerres & Molinari in Chatham.

The disabled vehicle had been left by Calvin Luk, then 25 and of Mendham, according to reports.

Lynn, who struck the Sarrecchia vehicle as well, had no recollection of the collision afterwards, but Lynn was not responding to any emergency call at the time of the crash, Elwood said.

The accident occurred in Somerset County, but the suit was filed in Morris based on Luk's residency, Elwood noted. Lynn and Luk were named as defendants. The suit claimed Lynn was speeding before impact.

Sarrecchia had a blood-alcohol content of .13 at the time of the accident, above the state's legal limit of .08 for operating a motor vehicle, and the state contended that his intoxication led to the initial collision with the Luk vehicle, according to Elwood.

The parties settled during a Nov. 13 pretrial conference with Superior Court Judge David Ironson, in advance of a Nov. 26 trial date, with the state agreeing to pay $1.7 million, and Luk agreeing to pay $100,000

A spokesman for the state Attorney General's Office, which represented Lynn and the state in the matter, confirmed that the state has settled for $1.7 million.

Richard Tango of McDermott & McGee in Millburn, the lawyer for Luk, didn't return a call about the case.

— David Gialanella

|

$450,000 Verdict in Auto Case

Puleio v. Fischetti: A motorist struck from behind in a chain-reaction accident on Route 34 was awarded $450,000 by a Middlesex County jury on Sept. 21, 2018.

According to the lawyers in the case, on June 14, 2015, plaintiff Ann Puleio was stopped in traffic on northbound Route 34 in Howell Township when her sedan was rear-ended by a sport utility vehicle and a motorcycle. The impact was initiated from behind all three vehicles by another motorist, Vincent Fischetti, who forced the SUV and motorcycle into the back of Puleio's vehicle.

Puleio sued three drivers and the owner of Fischetti's vehicle, but several defendants were dismissed, and only Fischetti remained at trial. The case was tried on the issues of causation and damages, as Fischetti stipulated to negligence.

Twelve days after the accident, Puleio, who had treated for a prior lumbar surgery, was treated for spinal injuries. A physician diagnosed her with TMJ and treated her with cortisone injections. Her TMJ later resolved. She was also diagnosed with sprains to her right knee and ankle, both of which later resolved. Puleio allegedly sustained herniations at C3-4, C4-5 and C5-6. She was further diagnosed with an aggravation of her pre-existing injuries to her thoracic and lumbar spine. She received an epidural injection to her cervical spine. In the ensuing years, and at the time of trial, Puleio consulted with her pain-management doctor and underwent facet and trigger-point injections to her neck.

The suit claimed she suffered a permanent neck injury and a permanent exacerbation of the sacroiliac joint. Puleio had been on permanent disability at the time of the accident. She stated that her continued neck and back pain interfere with activities of daily living. Puleio sought damages for past and future pain and suffering.

Fischetti claimed Puleio had a normal clinical examination and that she did not suffer a permanent injury.

The plaintiff demanded $100,000 to settle; the defendant offered $25,000, the lawyers said. After a three-day trial before Superior Court Judge Andrea G. Carter and two hours of deliberation, the six-member jury on Sept. 21, 2018, unanimously determined that Puleio's injuries were causally related to the accident and were permanent within the meaning of the verbal tort threshold. She was determined to receive $450,000, all for noneconomic damages. Fischetti was insured by Government Employees Insurance Co.

Puleio was represented by Patricia M. Love of Hendricks & Hendricks in New Brunswick; Fischetti, by Darren C. Kayal of Rudolph & Kayal in Manasquan.

*Editor's Comment: This report is based on information that was provided by plaintiff's and defense counsel.

— Adapted from VerdictSearch reports