A couple injured in a collision with a commuter bus on the New Jersey Turnpike settled their Essex County suit, Ibanez v. Hurtado, for $2.4 million on Jan. 28.

On Aug. 22, 2017, Victor Ibanez, then 42, and Danet Ibanez, then 35, were heading southbound in the left lane of the turnpike around mile marker 107.3 in Newark in a pickup truck driven by Victor when a full-size passenger bus owned by Lakeland Bus Lines Inc. and driven by Lakeland employee Jose Hurtado crossed over two lanes of traffic from the right lane of the highway and struck the Ibanez vehicle, driving it into the median, according to Joseph LaBarbiera and Richard LaBarbiera of LaBarbiera & Martinez in North Bergen, counsel to the plaintiffs.

Victor sustained injuries leading to a two-level spinal fusion at the cervical level, while Danet underwent a one-level fusion and one-level laminectomy, both at the lumbar level, as well as a left knee arthroscopy, the lawyers said, noting that Victor, a self-employed flooring contractor, and Danet, a controller, each ultimately returned to work without restriction.

The suit claimed negligence against Hurtado and Lakeland Bus.

An answer filed by the defendants denied liability and alleged comparative negligence by the plaintiffs, according to electronic court documents.

Hurtado claimed the steering on the bus malfunctioned, causing him to lose control, though there was no additional evidence of that occurring aside from his statement, the plaintiffs lawyers said.

The parties settled on Jan. 28 following mediation sessions with Raymond Reddin, a retired Superior Court judge with Hall Booth Smith in Saddle Brook. Lakeland Bus agreed to pay the couple $2.4 million, the lawyers said. A trial date hadn't yet been scheduled, they said.

Benjamin Tartaglia III of Mintzer Sarowitz Zeris Ledva & Meyers in Cherry Hill, counsel to the defendants, declined to comment on the case.

— David Gialanella

$500K State Vehicle Collision in Sussex

Trapasso v. Brown: A motorist who claimed spinal injuries in a collision with a New Jersey Treasury Department vehicle agreed to a $500,000 settlement with the state in his Sussex County suit on Dec. 23, 2019.

According to the plaintiff's counsel and the state, on Dec. 15, 2017, plaintiff Anthony Trapasso, 46, was driving east on Route 94 near its intersection with State Highway 15 North in Lafayette. The front driver's side of his sport utility vehicle was struck by the front of a pickup truck driving west on Route 94 and attempting to turn left at the intersection.

Trapasso was ultimately diagnosed with herniations at cervical intervertebral discs C4-5 and C6-7, and cervical radiculopathy. He underwent an anterior discectomy, partial corpectomy and fusion at C5-6 and C6-7. Trapasso's expert attributed his injuries and treatment to the accident, and opined that his neck injuries were permanent.

Trapasso sued the other driver, Matthew Brown, and Brown's employer, the state of New Jersey, claiming negligent operation for failure to yield the right of way. The court granted summary judgment on liability in favor of Trapasso. The suit sought damages for past and future pain and suffering. Trapasso's wife sought damages for her claim for loss of consortium.

Defense experts contended that there was no permanent injury.

The parties negotiated a pretrial settlement on Dec. 23. The state agreed to pay $500,000.

The plaintiffs were represented by Christopher L. Musmanno of Einhorn, Barbarito, Frost & Botwinick in Denville.

The defendants were represented by David W. Burns of the New Jersey Attorney General's Office.

*Editor's Comment: This report is based on information that was provided by plaintiffs' counsel and the state.

— Adapted from VerdictSearch reports