NJ Judge Draws Fire After Sealing Verdict in Personal Injury Suit
The court's action is "entirely unheard of and extraordinary," Mark Morris of Clark Law Firm wrote in the letter, which urged the judge to deny the request.
November 19, 2019 at 03:45 PM
4 minute read
A judge is drawing criticism in Middlesex County Superior Court for placing a personal injury verdict under seal right after the jury rendered it.
Judge Thomas Buck issued the order Nov. 8 after conducting a four-week trial in Silva v. Jacobs, which was brought by a worker who was injured in a construction accident. Counsel for defendant Jacobs Engineering Group sought to have the verdict kept under wraps after it was announced in open court, said Mark Morris, a lawyer for plaintiff Joao Silva, in a letter sent to Buck on Monday.
Jacobs Engineering's lawyer, Timothy Saia of Morgan Melhuish Abrutyn in Livingston, sought to have the verdict deemed confidential after finding out the jury returned a plaintiff's verdict, Morris wrote in the letter. The court's action is "entirely unheard of and extraordinary," Morris wrote in the letter, which urged the judge to deny the request.
The case's connection to a $17 million, publicly funded New Jersey Turnpike bridge construction project is a further reason to keep the verdict public, said Morris, who is with Gerald Clark's office in Belmar. The complaint in the case said Silva, a union laborer for defendant Contico Corp., was severely injured when he was struck by a construction vehicle in Secaucus on Dec. 10, 2013.
"Failing to manage safety on a Turnpike job like this jury found places the public at risk. Jacobs' request to hide the truth is abhorrent to the public interest, our court rules, and case law," Morris wrote to the judge.
"Jacobs was expecting a no cause verdict and it was not until after they lost [that] they tried to get it sealed," Morris said in his letter to Buck. "Jury verdicts are a public record and comprehensive research has not revealed a single instance where a civil injury jury verdict was sealed," he said.
The complaint, filed in 2015, named multiple defendants, but Jacobs was the only defendant remaining when the case went to trial. The plaintiffs maintained that Jacobs was negligent for failing to maintain safe conditions at the work site.
A party seeking to seal a record must demonstrate that disclosure will likely cause "a clearly defined and serious injury to any person or entity," and the interest of that person or entity in privacy "substantially outweighs the presumption that all court and administrative records are open for public inspection," Morris' letter stated. But no motion was filed by Saia, and nothing to support the burden was set forth under court rules, but simply a request to seal the verdict after counsel for Jacobs Engineering found out they lost, Morris said in the letter.
Morris said in his letter to the judge that both sides placed terms of a high-low agreement on the record Nov. 6, and at that time Saia did not indicate a desire to make the verdict confidential. But the next day, after the jury found his client 100% at fault, they sought to keep the verdict under wraps, Clark said.
A note on the case Tuesday in the judiciary's online case management system says that "Until the conclusion of this matter, any mention of the verdict amount shall not be exposed via e-Courts. Contact Chamber [sic] with any questions or concerns."
The order issued by Buck says the verdict sheet would be filed under seal pursuant to terms of a high-low agreement between the parties.
A person who answered the phone at Buck's chambers on Tuesday referred a reporter to the judiciary's communications department.
Saia did not respond to requests for comment about the case. Nor did Morris. The judiciary's communications department had no comment.
Clark said he hoped the judge would rectify the error.
"I think this is just Jacobs pushing for something that's not provided under the rules," Clark said.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllInsurer Has No Duty to Defend 'Laidlow' Claims, NJ Supreme Court Says
3 minute readConstruction Worker Hit by Falling Concrete Settles Claims for $2.3M
4 minute readEssex County Jury Returns $1.8 Million Verdict for Construction Site Fall
3 minute readLaw Firms Mentioned
Trending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250