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A Superior Court judge in Bergen County approved a $3.7 million settlement on Jan. 22 reached on behalf of a woman who suffered a disabling brain injury in a fall while disembarking from a boat.

In Brashears v. Edgewater Marina, Jennifer Brashears, 48, was exiting a 50-foot yacht after it was raised from the water at a marina in Edgewater on July 22, 2014. The accident occurred just after the boat was elevated from the water on a Travelift, a large crane used for lifting boats, the suit claimed.

The Travelift and the marina were owned by the borough of Edgewater, and the operator was a municipal employee. Disembarking the boat required Brashears to exit from the stern of the boat by way of a narrow swim platform onto an unsecured, A-frame ladder while the boat was still elevated. While doing so, Brashears fell 10 feet, striking her head on the pavement, according to her lawyer, Samuel Davis of Davis, Saperstein & Salomon in Teaneck.

Brashears suffered a bleed in her brain, requiring two surgeries, including a massive craniotomy in which almost one-third of her skull was removed to prevent catastrophic damage from swelling, said Davis, who represented her along with Raymond Murphy of the same firm. The surgical site later became infected, requiring additional surgery, and Brashears was left with a disabling brain injury, preventing her from returning to work or living independently, Davis said.

The suit named the marina, Edgewater, and Dean Borghi, the boat owner. Brashears' attorneys claimed the operator of the Travelift was not trained and disregarded manufacturer safety warnings posted on the crane, which said a boat should not be hoisted while a person is aboard. Experts for Brashears also asserted that the Travelift operator's conduct violated Occupational Safety and Health Administration and industry standards by allowing a person on board while the boat was lifted from the water, and that the method of disembarking violated OSHA and other industry standards.

The defendants, according to Davis, countered that Brashears was highly intoxicated at the time of the accident, with a blood alcohol level of 0.28, more than three times the legal limit for driving.

The case was mediated with Peter Doyne, a former Superior Court judge now with Ferro, Labella & Weiss in Hackensack, and settlement discussions continued with Superior Court Judge Robert Polifroni, who approved the settlement on Jan. 22.

The settlement called for Edgewater to pay $3 million and for Borghi to pay $700,000. Davis Saperstein was awarded fees of $880,609 and costs of $177,563 from the settlement, according to court documents.

The remaining proceeds of the settlement were placed in a special-needs trust for the benefit of Brashears, Davis said.

Harry Norton of Norton, Murphy, Sheehy & Corrubia in Woodland Park, who represented the marina and Edgewater, confirmed the settlement.

Thomas Mueller of Lucas & Cavalier in Philadelphia, who represented Borghi, did not return a call about the case.