In Kaufman v. Jenkins, an Ocean County jury awarded $1.455 million on June 6 on an underinsured motorist claim by a woman who suffered spinal injuries in a rear-end crash. But the actual damages to the insurance carrier, New Jersey Manufacturers, is $400,000, based on policy limits of $500,000 for the plaintiff's underinsured motorist coverage and $100,000 for the motorist who struck the plaintiff.

Nicole Kaufman, 22, of Brick sustained permanent damage to the spine on November 26, 2015 when her car was struck by a vehicle driven by Kaitlyn Jenkins of Philadelphia. After resolving her claim with Jenkins' insurance company, Kaufman made an application to her family's underinsured motorist policy with New Jersey Manufacturers, which was initially denied, said plaintiff's lawyer Timothy Dinan of Laddey, Clark & Ryan in Sparta, who handled the case along with Andrew Fraser of the same firm. Later, New Jersey Manufacturers recognized the claim but offered only $50,000, said Dinan.

Kaufman took the underinsured motorist claim to trial before Superior Court Judge Craig Wellerson of Ocean County. The jury was not told that they were deciding a claim against an insurance carrier, said Dinan.

Experts for the plaintiff testified that Kaufman suffered a large tear in her spinal disc, resulting in permanent nerve damage, said Dinan. She has difficulty with walking, sitting, standing and sleeping, Dinan said. She needs spinal surgery but doctors are waiting due to the plaintiff's young age, Dinan said.

The $1.455 million represents the jury's conclusion on value of the damages suffered by the plaintiff, said Dinan. On June 6, Wellerson enterted a judgment against New Jersey Manufacturers for $400,000 on the underinsured motorist claim, taking into account the plaintiff's $500,000 policy limit and the $100,000 she received from Jenkins.

Patricia Adams of Campbell, Foley, Delano & Adams in Asbury Park, who represented New Jersey Manufacturers during trial, did not return a call about the case.

— Charles Toutant

$525,000 Verdict in Middlesex

Perdun v. Henry Plaza Inc.: A woman injured in a fall in the parking lot of a mall where she worked was awarded $525,000 by a Middlesex County jury on March 18.

According to the attorneys in the case, on Nov. 30, 2015, plaintiff Jan Perdun tripped and fell in the parking lot of a strip mall located at 23 N. Main St., in Milltown, where she worked in one of the stores. She suffered a toe fracture. Perdun alleged she tripped due to a depression caused by a utility trench that had been previously installed. Her expert testified that the depression violated multiple codes.

Perdun sued property owner and manager Henry Plaza Inc., alleging it was negligent for allowing a dangerous condition to exist. Perdun also sued Brown & Glynn Construction Inc., which Henry Plaza had hired to install the utility trench. Although Brown & Glynn installed the utility trench, it was Henry Plaza's duty as property owner and manager to ensure there were no defects with the trench and, if there were any, it was then responsible for remediating it, the expert stated. The suit claimed John Henry, the owner of Henry Plaza, admittedly was on the property every day and yet failed to make any attempt to repair the trench. Brown & Glynn also was named.

Counsel for Henry Plaza argued Perdun was liable because she was wearing flip-flops at the time, and that her improper footwear contributed to the accident.

Counsel for Brown & Glynn maintained if there were any issues with the trench, Henry Plaza was obligated to notify Brown & Glynn. Brown & Glynn's expert in general contracting confirmed the decreased elevation created by the trench was dangerous and violated applicable property codes, and concluded it was the responsibility of the property owner to ensure that it was repaired and in a safe condition.

Perdun did not seek medical attention until eight weeks later. She alleged she did not realize the severity of her injury at first. Perdun's podiatrist diagnosed her with a fracture of one of her sesamoid bones in her right big toe. She was put on a course of physical therapy and underwent a series of cortisone injections. She later underwent surgical repair. Perdun's podiatrist opined she is prone to bunion deformity. Perdun testified she had to wear orthotics in order to maintain her balance. She stated she experiences pain in her right foot after long periods of standing. This allegedly is challenging in her job duties.

After a four-day trial before Middlesex County Superior Court Judge Gary K. Wolinetz, the jury found Henry Plaza 100 percent liable. No liability was found against Brown & Glyn. The jury awarded $525,000.

Nicholas J. Leonardis of Stathis & Leonardis in Edison represented Perdun.

Christopher E. Martin of Morrison Mahoney in Parsippany represented Henry Plaza.

Stephen J. Spudic of Britt, Riehl & Spudic in Freehold represented Brown & Glynn.

Henry Plaza was covered by Fitchburg Mutual Insurance Co.

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

— Adapted from VerdictSearch reports