A New Jersey Transit bus driver who suffered spinal injuries when his bus was struck from behind agreed to a $2.25 million settlement in his Bergen County suit, Alvarez v. Rodriguez-Esprit, on Sept. 19.

Miguel Alvarez was stopped to pick up passengers on Route 46 East in Ridgefield Park on June 22, 2017, when his bus was struck by a school bus driven by Felix Rodriguez-Esprit and owned by Morgan Educational Services.

The crash caused Alvarez to aggravate a previous injury, said his lawyer, Edward Capozzi of Brach Eichler in Roseland. Prior to the collision, Alvarez had an MRI of his lumbar spine showing two herniations at L3-L4 and L4-L5. These herniations increased in size as a result of this collision, according to Capozzi. Alvarez underwent an epidural injection prior to undergoing a two-level bilateral fusion at L3-L4 and L4-L5.

As a result of the injury and surgery, Mr. Alvarez was unable to return to work as a New Jersey Transit bus driver, the suit alleged.

The case settled at mediation with Mark Epstein, a former Superior Court judge with Hoagland Longo Moran Dunst & Doukas in New Brunswick.

Capozzi was joined by his firm's Corey Dietz on the case. Defendants Rodriguez-Esprit and Morgan were represented by Melissa Mudry of Mintzer Sarowitz Zeris Ledva & Meyers in Cherry Hill. She did not respond to a call about the case.

— Charles Toutant

$800K For Restaurant Fall

Zaccaria v. Moe's of Paramus: A woman who fractured her hip in a fall at a Paramus restaurant was paid $800,000 on Sept. 16 to settle her Bergen County suit.

According to attorneys in the case and electronic court documents, plaintiff Lillian Zaccaria, then 56, visited Moe's Southwest Grill on Route 17 in Paramus on Feb. 16, 2016, for a takeout order. After she paid and as she was leaving, she slipped on wet floor tiles in the restaurant and fell, causing a right hip fracture. She underwent closed reduction surgery and, ultimately, a total hip replacement, said her attorneys, Dennis Drasco and Arthur Owens of Lum, Drasco & Positan in Roseland.

Zaccaria, an interior designer, claimed she was out of work for more than two years because of the injury. The suit, naming Moe's of Paramus, alleged that the restaurant floor was not properly maintained, and that a "wet floor" sign was not prominently displayed.

The defense contested liability as well as the claimed damages, Drasco and Owens said.

The parties agreed to the settlement on Aug. 23, following a mediation session with Dennis Carey III, a retired Superior Court judge with Tompkins, McGuire, Wachenfeld & Barry in Roseland, they said, adding that the sum was paid on Sept. 23.

The Hartford insured Moe's.

A trial was scheduled for Sept. 3, though no judge had been assigned at the time of the settlement, they said.

Evert Van Kampen of Linda Baumann's firm in East Windsor represented Moe's. He didn't return a call about the case.

— David Gialanella

$600K For Bouncers' Attack

Donado v. Precision Security Agency: A bar patron claiming he was injured in an unprovoked attack by security settled his Essex County case for $600,000 on June 6.

According to attorneys involved in the case, at about 2 a.m. on Aug. 10, 2013, plaintiff Dairo Donado, 41, was at Waterside Restaurant & Catering in North Bergen. Donado claimed a group of bouncers employed by Precision Security Agency LLC, which had been hired by the restaurant, assaulted him. Donado sued Precision Security Agency and Waterside, alleging that they were negligent for Waterside's inadequate security. He also sued bouncer Calixto Baez, alleging claims of false imprisonment and assault.

Donado claimed he was exiting the restaurant while Baez and the other bouncers were addressing a situation with a group of individuals in the parking lot. As Donado walked toward the group, he was allegedly grabbed from behind, and punched and kicked repeatedly in the head, face and body by multiple bouncers. Donado claimed he had merely walked by the group of bouncers in a non-provoking manner. A plaintiff expert opined that the bouncers assaulted Donado and used excessive force. Donado's counsel also contended that Waterside had a history of hired security personnel acting violently.

Precision maintained that Donado was the aggressor, that Baez acted intentionally, and that Precision Security Agency had trained its bouncers properly.

Waterside asserted that it could not be held liable because the incident was solely due to the conduct of Precision Security Agency and Baez, and the alleged conduct was outside the scope of employment of the restaurant.

Donado claimed he was was hospitalized and treated for a hematoma to his right eye. He experienced temporary vision loss in his right eye. He was later diagnosed with an aggravation of preexisting bulging discs at C6-7, for which he received injections and underwent an anterior cervical discectomy, including implantation of an artificial disc. The suit claimed the alleged assault aggravated Donado's preexisting cervical bulge. Donado sought approximately $216,000 in medical costs, and damages for past and future pain and suffering. His wife sought damages for her claim for loss of consortium.

Defense experts opined that Donado's cervical spine condition was preexisting and not aggravated by the incident.

The matter proceeded to trial. During jury selection before Essex County Superior Court Judge Jeffrey B. Beacham, the parties settled with Precision's insurer—First Mercury Insurance Co., which was obligated to indemnify the remaining defendants—agreeing to pay $600,000 of a $1 million policy.

Kelly Castor of the Law Office of Katherine G. Houghton and Roosevelt Jean of Law Offices of Roosevelt Jean represented the plaintiffs.

John J. Russo of DiFrancesco, Bateman, Kunzman, Davis, Lehrer & Flaum in Warren represented Precision; Frederick Blakelock of Reilly, McDevitt & Henrich in Cherry Hill represented Waterside; and Frank J. Kontely of Hoagland, Longo, Moran, Dunst & Doukas in New Brunswick represented Baez.

*Editor's Comment: This report is based on information that was provided by plaintiffs' counsel. Precision Security Agency's counsel declined to contribute, and the remaining defendants' counsel did not respond to the reporter's phone calls.

— Adapted from VerdictSearch reports