A man who suffered a traumatic brain injury after he was hit by a car agreed to a $1 million settlement in his Union County suit, Tene-Garcia v. A and H Liquors, on April 29.

Ciriano Tene-Garcia was walking on a sidewalk outside Aarti's Liquors in Union on Jan. 25, 2015, when snow and ice caused him to slip. He fell into Vauxhall Road, where he was hit by a vehicle, according to plaintiff lawyer Michael Gallardo of Ginarte, Gallardo, Gonzalez & Winograd in Newark.

Tene-Garcia underwent brain surgery after the accident but was left with significant deficits in concentration and memory that are permanent in nature, he claimed. He also underwent surgery to his right knee, and he has a cosmetic injury to the leg and some difficulty walking. Tene-Garcia also experiences pain in his leg that is expected to be permanent, said Gallardo.

Tene-Garcia claimed in his suit that the liquor store negligently failed to clear snow and ice from the sidewalk, causing him to slip on the ice and fall into the roadway. An investigating police officer gave testimony corroborating Tene-Garcia's claim that the sidewalk was covered with snow and ice, Gallardo noted.

Tene-Garcia sued the property owner but opted not to sue the motorist who struck him because the motorist lacked liability insurance, said Gallardo. The liquor store owner added the driver, Steven Intriago, but he was later dismissed from the case on summary judgment, Gallardo said.

Tene-Garcia testified in discovery that he was struck by two vehicles, contradicting testimony he gave in interrogatories that he was hit by one vehicle, according to Gallardo, who said the inconsistency in his testimony was attributable to a cognitive deficit that was caused by head trauma.

The liquor store agreed to settle for $1 million on the first day of trial in Union County Superior Court.

Gallardo represented the plaintiff along with Robert Baumgarten of his firm.

The liquor store was represented by Adam Kipnis of Braff, Harris, Sukoneck & Maloof in Livingston. He did not return a call about the case.

— Charles Toutant

$900K in Middlesex Auto Case

Fino v. Plante: Plaintiff Thomas Fino received the proceeds of a $900,000 settlement on May 23 for injuries he sustained in a motor vehicle accident that occurred in Old Bridge.

The Middlesex County case was settled just prior to a trial date of May 13.

Fino, of Morganville, was stopped in traffic while driving a 2015 black Chevrolet Silverado east on Spring Valley Road in Old Bridge, when he was rear-ended by a black 2015 Jeep Wrangler operated by Ryan Plante of Morganville on Oct. 14, 2016, according to the police report.

Evan Rosen of Litvak & Trifiolis in Hanover represented Plante. He did not return a call.

Plante was issued a summons for careless driving for hitting Fino's Silverado at approximately 4:42 p.m. that afternoon, according to the police report.

At the time of the accident, Fino was receiving regular chiropractic treatment for cervical and lumbar complaints, according to his attorney, Geoffrey C. Arlen of the Arlen Law Firm in Hillsborough.

Despite the treatments, Fino was able to participate in all of his normal daily activities, according to Arlen. But emanating from the accident, Fino experienced pain and weakness up and down his right arm that eventually necessitated anterior cervical discectomy and fusion, Arlen said.

The surgery was performed on March 3, 2017, and Fino progressed well afterwards, Arlen said.

However, nearly nine months later, on Christmas Eve 2017, Fino attempted to lift a 60-pound box and felt immediate pain in his neck and left shoulder, said Arlen. He said Fino subsequently underwent a posterior decompression on May 7, 2018.

Arlen said Fino continues to suffer pain from the accident.

“Mr. Fino has made a very good recovery considering the two surgeries he had to undergo,” Arlen said in an email. “Mr. Fino and myself are extremely pleased with the settlement amount. Mr. Fino will continue to receive basically the same type of chiropractic treatment he was receiving before the accident, with a few modifications for the surgeries.”

Fino's neurosurgical expert, Dr. Sanford Fineman of Somerset, opined that Fino suffered an aggravation of preexisting spondylosis with compression at multiple levels of his cervical and thoracic spine.

Plante's medical expert, Andrew M. Hutter of The Center for Orthopaedics in West Orange, opined that Fino's symptoms and findings were preexisting and not caused by the 2016 car accident.

Arlen said Fino runs a salvage company and has made a full return to work with some physical limitations.

— Suzette Parmley