Evgeny Sergeev

A paraplegic man struck by a bus while crossing the street settled his Mercer County suit, Urbina-Mejia v. Gaskill, on Aug. 14 for $4.1 million.

According to court documents and attorneys involved in the case, plaintiff Eder Francisco Urbina-Mejia on Jan. 15, 2018, was waiting to cross Atlantic Avenue at Montpelier Avenue in Atlantic City. Urbina-Mejia and a commercial bus driven by defendant Lloyd Gaskill were traveling in the same direction and were stopped at a red light. After the light turned green, Urbina-Mejia proceeded to cross in the crosswalk, and Gaskill made a left turn, striking him in the crosswalk.

Urbina-Mejia, a Honduran national and resident of Wisconsin who was visiting family in Atlantic City, sustained bone fractures in his legs and urological injuries, and the suit also claimed emotional distress, said his lawyer, Eric Kahn of Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins in Springfield.

Urbina-Mejia was hospitalized for 16 days at AtlantiCare Regional Medical Center, and then at University of Wisconsin Medical Center for four more weeks after his return to Wisconsin, Kahn said.

The suit named Gaskill, claiming he negligently operated the bus, and his employer, Starr Transit Co., which owned the bus, court documents said.

The suit was venued in Mercer County, where Starr Transit is based.

Claims against Starr Transit were voluntarily dismissed, and Urbina-Mejia settled with Gaskill for $4.1 million on Aug. 14, in mediation with Bette Uhrmacher, a retired New Jersey Superior Court judge now with ADR Options in Philadelphia.

Starr Transit’s insurance carrier is to pay the settlement.

The parties were in expert discovery when the matter settled, Kahn noted.

Counsel to Gaskill and Starr Transit, Joseph Goldberg of Weber Gallagher Simpson Stapleton Fires & Newby in Philadelphia, confirmed the settlement.

— David Gialanella

Police Shooting Yields $1.1M Settlement

Taylor v. Ambrifi: A man who was shot during a confrontation with police officers agreed to a $1.1 million settlement of his federal civil rights suit on May 10.

According to court documents and lawyers involved in the case, Eugene Taylor, now 27, is paranoid schizophrenic, and at 3:45 a.m. on May 14, 2013, he was heard speaking loudly about Jesus Christ while wandering along the bank of the Delaware River in Delanco, prompting a local resident to call 911.

Officer Francisco Ambrifi of the Delanco Police Department, who responded, ordered Taylor to put his hands up, but Taylor didn’t do so and continued to speak in a rambling manner about Jesus Christ, the suit said. The officer sprayed Taylor in the face with pepper spray, but he still did not follow instructions. Ambrifi then used his training in Brazilian Jiu-Jitsu to take Taylor to the ground, and struck him on the head and shoulders with a flashlight, the suit said. Ambrifi then drew his service weapon and shot Taylor three times. Ambrifi also shot himself once in the leg.

Ambrifi called for backup after the shooting. Three officers came to the scene and helped restrain Taylor, including John Harris, a police officer with Edgewater Park Township, who struck Taylor, the suit said.

Taylor was hospitalized for one month after the shooting. He suffered multiple broken ribs and a punctured lung, and underwent numerous emergency surgeries. He lost a portion of his lung, has bullet fragments permanently lodged in his chest, and his shoulder frequently dislocates, and he experiences chronic pain and scarring, the suit claimed.

Taylor filed suit against Ambrifi, Delanco Township, Harris and the Township of Edgewater Park.

After U.S. District Judge Noel Hillman of the District of New Jersey denied the defendants’ motions for summary judgment on claims for constitutional violations and disability discrimination in July 2018, the parties engaged in mediation. In October 2018, the parties reported to the court that the case was settled. The defendants agreed to pay $1.1 million to Taylor. A disagreement over the language of the settlement agreement put a final resolution in the dispute on hold until May 2019, said Daniella Gordon of Hyland Levin Shapiro in Marlton, who represented Taylor along with Barry Pollack of Robbins, Russell, Englert, Orseck, Untereiner & Sauber in Washington, D.C., in an email to the Law Journal.

Ambrifi and Delanco were represented by John Gillespie of Parker McCay in Mount Laurel, who confirmed the settlement.

Michele Corea of Capehart Scatchard in Mount Laurel, counsel to Harris and Edgewater Park, didn’t return a call about the settlement.

— Charles Toutant