A construction laborer who was left permanently disabled after a dump truck drove over his legs agreed to a $3.25 million settlement in his Camden County suit, Leon v. Shuhart, on July 1.

Michael Leon, now 46, of Camden, was working at a jobsite along the New Jersey Turnpike in East Windsor on Sept. 23, 2013, when a dump truck delivering asphalt backed into him, driving over both his legs and pinning him under the passenger-side rear tires, said plaintiff lawyer Jason Daria of Feldman Shepherd Wohlgelernter Tanner Weinstock Dodig. Daria represented the plaintiff along with the firm’s John Dodig.

Leon was employed by Union Paving, the general contractor on the project. The truck that hit Leon was owned by M.L. Ruberton Construction Co., a subcontractor, and was driven by Joseph Shuhart, an employee of Aqua-Tex Transport, which was a subcontractor to Ruberton.

The suit claimed Shuhart failed to use a spotter while backing up—a violation of the New Jersey commercial driver license manual, the operator’s manual for the truck, and the safety manuals of Aqua-Tex, Ruberton and Union Paving, according to Daria. Shuhart, who was hired two months before the accident, had no experience operating a dump truck, and was not provided any training on the safe operation of the vehicle, Daria said.

Leon sustained crush injuries and compression neuropathy to his lower legs, as well as complex regional pain syndrome, post-traumatic stress disorder, depression and post-traumatic osteoarthritis. He has undergone multiple surgeries and procedures, and is permanently disabled and unable to work, according to the suit. He is able to walk with the assistance of a cane, Daria said.

M.L. Ruberton, Aqua Tex and Shuhart, who had coverage from the same insurance carrier, jointly agreed to settle for $3.25 million, according to Daria.

The lawyer for M.L. Ruberton, Aqua Tex and Shuhart, Geri Jaffee of Marks, O’Neill, O’Brien, Doherty & Kelly in Cherry Hill, did not return a call about the case.

— Charles Toutant

$2M in Fatal Med Mal Case

Estate of Schernitz v. CentraState Medical Center: The estate of a patient who died after her aorta was injured during kidney surgery settled her Middlesex County suit for $2 million on June 18.

According to attorneys in the case, on Oct. 10, 2015, Catherine Schernitz, 71, died from complications related to an aortic tear. On June 11, 2015, Schernitz’s artery was transected during kidney surgery at CentraState Medical Center in Freehold.

Schernitz underwent a scheduled robotic partial nephrectomy to remove a mass on her left kidney. Postoperatively, Schernitz was found to be anuric and was transferred to another facility, where surgeons found a completely transected aorta. Schernitz remained hospitalized and in critical condition up until the time of her death, on Oct. 10, 2015. Schernitz is survived by three children. An investigation determined that during the surgery, the doctors negligently stapled the aorta, ultimately leading to the complications and to Schernitz’s death.

Schernitz’s estate, represented by her son, plaintiff Kevin Sheperd, sued CentraState, as well as Doh Cha and Troy Sukkarieh, the two urological surgeons who performed the procedure. The estate alleged that the defendants failed in their standard of care toward Schernitz and further alleged that their failure constituted medical malpractice. The estate sought to recover a medical lien of approximately $250,000 and damages under the Wrongful Death and Survival acts.

Cha and Sukkarieh stipulated to liability. CentraState denied any liability or wrongdoing in the treatment that Schernitz received at the hospital. The defense did not dispute Schernitz’s injuries and damages.

The estate and Cha and Sukkarieh negotiated a pretrial settlement. Cha’s and Sukkarieh’s insurer, Princeton Insurance Co., agreed to tender its policy, which provided $2 million of coverage. CentraState Medical Center did not contribute to the settlement, and it was dismissed from the suit with prejudice.

The plaintiffs were represented by Adam L. Rothenberg and Rosemary E. McGeady of Levinson Axelrod in Edison.

Benjamin H. Haftel of Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick represented CentraState.

Tess J. Kline of Buckley & Theroux in Princeton represented Cha and Sukkarieh.

*Editor’s Note: This report is based on information that was provided by counsel for plaintiffs and CentraState Medical Center. Counsel for Cha and Sukkarieh did not respond to the reporter’s phone calls.

— Aaron Jenkins (adapted from VerdictSearch reports)