A Monmouth County suit over a collision that allegedly worsened the plaintiff's back condition, Nunez v. Altschul, was settled on June 18 for $1.05 million.

On June 10, 2014, plaintiff Joseph Nunez Jr. was working for Canada Dry in Neptune City and driving a 2009 blue Chevrolet Cobalt heading eastbound on Valley Road in Middletown. As he turned into the Navesink A&P parking lot, Nunez's vehicle was struck by a 2011 black Chevy Cruze driven by defendant Marilyn Altschul. Altschul was exiting the same parking lot and attempting to turn left onto Valley Road westbound, according to the police report.

Nunez alleged Altschul was at fault for the collision by failing to observe his vehicle and yield to its right of way pursuant to N.J.S.A. 39:4-66(b), emerging from an alley, driveway, garage or private road or driveway.

Michael J. Hanus and Kevin L. Parsons of Hanus & Parsons in Middletown represented Nunez.

Mark S. Hochman of The Law Offices of Stephen E. Gertler in Wall represented Marilyn and Frank Altschul. Hochman did not respond to an email and phone call.

The settlement was reached during a conference with mediator Marie Accardi.

Nunez was 26 years old at the time of the accident and resided in Hazlet. As a result of the accident, he sustained an aggravation of a preexisting lumbar spine condition along with traumatic disc bulging in both the cervical and lumbar spine, his lawyers said.

To treat these injuries, Nunez received pain injections; and ultimately underwent a C3-C4 discectomy, fusion at L4-L5 and L5-S1 discectomy and fusion, they said. In October 2017, a lumbar spinal stimulator was implanted to manage Nunez's continued low back pain.

Nunez was unable to return to work due to his injuries from the accident, which have left him with permanent impairments relative to both the cervical and lumbar spine, according to Hanus.

Hanus said Nunez, now 31, is receiving Social Security disability benefits, along with temporary disability benefits from workers' compensation (while his workers' compensation claim remains unresolved).

Nunez continues to experience neck and low back pain, preventing him from doing certain activities such as riding a motorcycle, he claimed.

Experts concluded that Nunez suffered permanent and significant injury and disability as a result of the accident and is unable to return to the workforce in a capacity even remotely similar to his pre-accident abilities, the lawyers said.

Altschul disputed Nunez's claims, contending that Nunez turned into her vehicle as she exited the parking lot and was at fault for the accident. Altschul also pointed to the low-speed nature of the collision and argued that the minimal property damage indicated that it was impossible for Nunez to have sustained the alleged severe injuries. Altschul's radiologist reviewed Nunez's diagnostic scans from before and after the accident, and concluded that the scans showed no traumatic injuries, the lawyers said. Altschul's experts also questioned the need for Nunez's extensive medical and surgical treatment. Altschul questioned Nunez's economic loss, noting that while Nunez claimed he had an earnings potential of approximately $70,000 a year as a salesperson for Canada Dry, his pre-accident tax returns revealed annual wages less than $25,000.

The $1.05 million settlement reached represented a payment of $500,000, the full amount from an underlying policy with State Farm, and an additional $550,000 payment from Altschul's umbrella policy , also with State Farm, the lawyers said.

"It was a fair resolution considering the insurance coverage available, which was $1.2 million, and the residuals my client was left with," Hanus said in a phone call. "He still lives in Hazlet and just got married."

— Suzette Parmley

Officer's Injury Nets $850K in Somerset

Mercogliano v. Guignard: A police officer involved in an auto accident while on the job, leading to back injuries that required surgery, settled his Somerset County suit on July 15 for $850,000.

On May 22, 2017, John Mercogliano, then 42, from Monmouth Beach, was driving a Ford Intercept cruiser as a patrolman with the Franklin Township Police Department.

Mercogliano was traveling in his patrol car in the left lane of Route 27 in Franklin Township when a white 2014 Freightline box truck operated by Jean Guignard moved into the left lane, according to the police report. Guignard was driving a van leased by White Glove Delivery at the time of the accident, and White Glove was named a co-defendant.

Guignard, then 54, from South Richmond Hill, New York, was attempting to make a left turn at the upcoming intersection and struck Mercogliano's patrol vehicle. As a result of the impact, Mercogliano lost control of his vehicle, which ultimately came to rest on the shoulder, the police report said.

Mercogliano sustained a concussion, and lower back injuries requiring a discectomy and fusion, said his lawyer, Jaclyn A. Gannon of Cerussi & Gunn in Shrewsbury.

Guignard did not suffer any injuries. Teresa Kazista Kassim of Gregory P. Helfrich & Associates in Summit represented Guignard and White Glove Delivery. Kassim did not return a call.

The case, before Somerset County Superior Court Judge Thomas C. Miller, was settled for $850,000, and the release was signed by Mercogliano on July 15. State Farm is the insurance carrier covering the settlement, according to Gannon.

"Mr. Mercogliano has not returned to the police department," Gannon said in a phone call. "He has not yet returned to work at all. We are very satisfied with the settlement and it was a pleasure to represent him."

— Suzette Parmley