$6 Million Settlement Resolves Litigation Over Triple-Fatal Route 9 Wreck
A $6 Million global settlement was reached on Dec. 7, 2018, in three Middlesex County suits stemming from a motor vehicle accident that killed three…
January 21, 2019 at 08:00 AM
4 minute read
A $6 Million global settlement was reached on Dec. 7, 2018, in three Middlesex County suits stemming from a motor vehicle accident that killed three people. The caption is Estate of Kleiman v. Estate of Fairchild.
According to lawyers involved in the litigation, William Fairchild was driving south on Route 9 in Old Bridge on March 5, 2016, when his Ford Escape crossed the grassy center median and collided head on with a northbound Honda Accord driven by Hope Wells, 37. Fairchild, Wells and a passenger in Wells' vehicle, Charles Kleiman, 62, were all killed in the crash. Kleiman's mother, Lillian Kleiman, 86, and his wife, Dorothy Slattery, 62, who were also in the Honda, were seriously injured.
Fairchild, 45, was employed by Mountain Millwork of Bayville, which owned the vehicle he was driving. An autopsy revealed Fairchild had marijuana and tramadol, a narcotic pain reliever, in his system at the time of the crash, said Gabriel Halpern of Pinilis Halpern in Morristown, who represented Lillian Kleiman.
Slattery, Lillian Kleiman, and the estates of Wells and of Charles Kleiman, filed suits against Fairchild and Mountain Millwork.
Lillian Kleiman sustained a collapsed lung and fractures of the spine, ribs and legs. She was hospitalized and in a rehabilitation center for six months after the crash, and died two years later, according to Halpern.
Slattery sustained fractures of the left arm, spinal fractures and broken ribs. She had four surgical procedures in the weeks after the crash, according to Andrew Calcagno of Calcagno & Associates in Cranford, who along with Glenn Farrell of the same firm represented Slattery and the estate of Charles Kleiman.
Mountain Millwork didn't dispute liability and tendered its $1 million underlying policy and a $5 million umbrella policy with Selective Insurance, according to Calcagno.
The three suits were settled during mediation on Dec. 7, 2018, with Jack Lintner, a former presiding Appellate Division judge now with Norris McLaughlin.
Under the settlement, Slattery and the estate of Charles Kleiman jointly received $4.2 million; the estate of Wells received $1 million; and Kleiman received $800,000, according to Calcagno.
Halpern confirmed the settlement.
The lawyer for Wells' estate, Douglas Burns of Kraemer Burns in Springfield; and Louis DeMille Jr. of Zirulnik, Sherlock & DeMille in Hamilton, who represented Mountain Millwork and the Estate of Fairchild, did not return calls about the case.
— Charles Toutant
|$1 Million Auto Case in Essex
Khuu v. Signorelli: A man who sustained a back injury in an accident in traffic on Route 17 settled a suit he filed in Essex County for $1 million on Dec. 26.
On May 27, 2015, Hong Khuu was driving his minivan on southbound Route 17 in Paramus when Victor Signorelli, 23, failed to stop his pickup truck and rear-ended Khuu's vehicle, according to Khuu's attorney, Lance Bitterman of Fredson Statmore Bitterman in Bloomfield.
Khuu, 50 at the time of the accident, underwent chiropractic and physical therapy treatments, and injections, but ultimately had a one-level fusion with implantation of hardware at the lumbar level, Bitterman said, noting that Khuu was out of work for 11 weeks but was able to return to his job as a machine setup operator.
The truck Signorelli was driving was owned by a business, Ting Inc. R. of Anderson, South Carolina, which held the policy on the pickup truck. The accident occurred in Passaic County, though the suit was filed in Essex based on residency, Bitterman said.
The parties were through discovery and had a Jan. 28 trial date, but settled following mediation with Daniel Mecca, a former Superior Court judge, of the Mecca Law Firm in Paramus.
Christopher Conover of Ahmuty, Demers & McManus in Morristown, for the defendant, didn't return a call about the case.
— David Gialanella
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 AllJudge Approves $667K Settlement Against Independence Blue Cross for Unpaid, Pre-Shift Computer Work
4 minute readTurning 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 readTrending Stories
- 1Judge Denies Sean Combs Third Bail Bid, Citing Community Safety
- 2Republican FTC Commissioner: 'The Time for Rulemaking by the Biden-Harris FTC Is Over'
- 3NY Appellate Panel Cites Student's Disciplinary History While Sending Negligence Claim Against School District to Trial
- 4A Meta DIG and Its Nvidia Implications
- 5Deception or Coercion? California Supreme Court Grants Review in Jailhouse Confession Case
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