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The estate of an intoxicated man who burned to death in an accident with a tractor-trailer will receive a $2.95 million settlement in its Union County suit, Estate of Squire vs. Food Haulers Inc.

The settlement was reached on June 10 at a mediation before retired Essex County Superior Court Judge Dennis Carey.

On Nov. 10, 2017, at approximately 2:13 a.m., Tom Squire, of Newark and 36 years old at the time, was driving west on 520 Dowd Avenue in Elizabeth when a Food Haulers Inc. tractor-trailer pulled out of a ShopRite driveway in front of him without stopping, resulting in a collision, according to a police report.

A surveillance video recorded footage that showed that the Food Haulers vehicle, driven by John Cleaves, then 73, of Clifton, proceeded out of the ShopRite driveway without stopping. The video also captured that after the initial impact, Cleaves attempted to back his vehicle back into the ShopRite driveway, dragging Squire's vehicle, a black 2009 Nissan Maxima. This caused a fuel tank on the tractor-trailer to rupture and burst into flames, engulfing Squire's Maxima, according to the police report.

Approximately six minutes after the fire started, the video showed that Squire was able to extricate himself from his vehicle engulfed in flames. Squire was airlifted to St. Barnabas Medical Center in Livingston, where he was diagnosed with third-degree burns over 100 percent of his body and severe smoke inhalation injuries, based on the police report. He ultimately died six hours after the accident.

Squire's estate was represented by attorney Robert G. Hicks of Javerbaum Wurgaft Hicks Kahn Wikstrom and Sinins in Freehold. Hicks was assisted at the mediation by his partner, Larry M. Simon, who specializes in interstate commercial vehicle accidents.

Defendants were represented by Michael L. Trucillo, a partner at Lewis Brisbois Bisgaard & Smith in Newark. When reached, Trucillo had no comment on the case.

An autopsy revealed that Squire's blood-alcohol content was significantly over the legal limit, Hicks said.

The suit named Food Haulers, ShopRite and Wakefern Food Corp., and contended that the tractor-trailer driver, as a commercial driver's license professional, owed a higher duty of care. Hicks said the tractor-trailer driver also violated several rules of the road for CDLs— including reversing his vehicle after the initial collision, which the suit claimed was the cause of the fatal fire.

“The other vehicle is a tractor trailer, and they are subject to CDL regulations,” Hicks said in a phone call. “What happened was, after the collision the driver started to back up, which in our theory is what caused the fuel tank to rupture and cause the fire.

“The autopsy showed that Mr. Squire' had no injuries from the initial impact, no broken bones and no internal organ damage,” said Hicks. “He suffered smoke inhalation and burns throughout his body from the fire.”

Squire worked for University Hospital in Newark doing medical deliveries and was five days shy of his 37th birthday when the accident occurred, according to Hicks, who noted that Squire had three children.

Hicks said multiple insurance policies under Food Haulers Inc. of Jamesburg and Wakefern Food Corp. of Keasbey are covering the settlement.

— Suzette Parmley

Stairway Fall Settles for $410,000 in Warren County

Labar v. River Edge Garden Apartments: A woman who sustained spinal and other injuries in a fall on a stairway at her apartment complex settled her Warren County suit on March 21 for $410,000.

According to the plaintiff's attorney, on Dec. 31, 2016, plaintiff Margaret Labar, a woman in her mid-70s, fell down a stairwell in her apartment building at River Edge Garden Apartments in Hackettstown. At the time of the accident, Labar was carrying laundry while descending a concrete stairwell leading to the building's laundry room. As she approached the bottom four steps, she suddenly fell down the remaining stairs and landed at the bottom of the platform.

She claimed injuries to her neck, shoulder and ankle. Labar sued River Edge Garden Apartments, alleging it was negligent in allowing a dangerous condition to exist. Labar alleged it was dark outside, and the stairwell was not illuminated because the existing sole overhead light bulb had burned out the prior month. According to Labar, she and other tenants had contacted the premises supervisor multiple times to replace the bulb, but it was never acted upon.

Labar underwent pain injections to her spine, right ankle and left shoulder. She underwent an arthroplasty and percutaneous Achilles lengthening to her right ankle, followed by physical therapy. In September 2018, Labar underwent an anterior discectomy, decompression at C5-6 and C6-7, an interbody fusion at C5-6 and C-67, and implantation of plate and screw fixation at C5, C6 and C7. Labar alleged that she continues to experience some postoperative pain and discomfort through her surgical site at her neck.

Labar's expert in orthopedic surgery causally related her injuries and treatment to the accident. The expert determined that she suffered permanent injuries to her neck, shoulder and ankle.

The defense's expert in orthopedic surgery determined that there was a causal relationship between Labar's neck and shoulder injuries and the accident. The expert considered Labar's neck pain, limitation of motion and shoulder impingement symptoms to be permanent.

The parties negotiated a pretrial settlement on March 21. River Edge Garden Apartments' insurer agreed to pay $410,000 from a policy that provided $1 million in coverage.

Christopher L. Musmanno of Einhorn, Harris, Ascher, Barbarito & Frost in Denville represented Labar.

David A. Christie Jr. of Gage Fiore in Lawrenceville represented the apartment complex.

Editor's Comment: This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond to the reporter's phone calls.

— Adapted from VerdictSearch reports