The estate of a woman killed in a multi-vehicle accident on Interstate 78 was paid the last of a $1.28 million settlement on July 9 in Estate of Chernykh v. Owusu-Dapaah.

On Aug. 28, 2016, Ekaterina Chernykh, 27, was a rear-seat passenger in a vehicle driven by a friend, Yuriy Kapilovich. The four passengers were traveling westbound on I-78 near Clinton Township, heading to Pennsylvania, when a vehicle heading in the opposite direction lost control and crossed the grassy median into the westbound lanes, striking two vehicles, including the one driven by Kapilovich, and then finally colliding with another vehicle, according to the estate's lawyer, Yelena Kofman-Delgado of Vlasac & Shmaruk in Iselin.

Chernykh died at the scene of the accident.

A suit was brought in Middlesex County based on the residence of the parties. Named as defendants were Owusu-Depaah, whom the estate claimed was negligent in operating his SUV, and Kapilovich, whom the estate claimed failed to avoid the collision. Owusu-Depaah contended that he lost control of his vehicle because it began smoking, affecting his visibility of the road; Kaplivoch denied liability, Kofman-Delgado said.

The estate settled with Owusu-Depaah, insured by State Farm, on June 18 for $1.25 million; and with Kapilovich, insured by GEICO, on May 23 for $25,000. The sums were paid on July 2 and July 9, respectively, Kofman-Delgado said.

Stephen Foley Jr. of  Campbell, Foley, Delano & Adams in Asbury Park, counsel to Owusu-Depaah, didn't return a call about the case.

Neither did Adam Carman of the Law Offices of Cindy L. Thompson in West Orange, counsel to Kapilovich.

— David Gialanella

$742K for Cyclist's Injury in Bergen

Grenner v. Mohtashemi: A cyclist injured in a traffic accident has been awarded $742,000 by a Bergen County jury.

After a 10-day trial and four hours of deliberation, the jury in Superior Court Judge Estela de la Cruz's courtroom handed up a verdict in favor of plaintiff Lawrence Grenner, according to his lawyer, Michael Lizzi of Maggiano, Digirolamo and Lizzi in Fort Lee. The verdict surpassed the policy limit of $250,000.

The defendant's attorney, Carl Mazzie of Foster & Mazzie in Totowa, did not return a call seeking comment.

According to Lizzi and court documents, the accident occurred at an intersection when defendant Shamsi Mohtashemi made a left turn after having yielded the right of way to Grenner and letting him through the intersection initially.

Lizzi said the defendant admittedly changed her mind and made the left turn. Although he did not make contact with the vehicle, Grenner was thrown from the bike and suffered injuries to his lower back requiring a laminectomy, right hip non-displaced fracture and, ultimately, a left toe injury requiring a fusion of the big toe joint.

Grenner has a history of low-back pain and foot pain predating the accident, Lizzi said. He also had not complained about his foot until nearly a year after the accident.

The defense argued that the toe pain was not a result of the accident and that the back pain was chronic, dating to before the accident.

"We successfully argued that the back injury and resulting nerve injury into the feet covered up my client's foot pain until after his back surgery. The defense also aggressively attacked my client and his partner's credibility, a move that ultimately backfired on them with the jury in Bergen County," Lizzi said. "She had said bicycling was like breathing for my client."

Lizzi said State Farm paid the initial $700,000 with $42,000 in interest.

— P.J. D'Annunzio