A Willingboro woman who was severely injured after her car was struck by a dump truck entered a nearly $2 million settlement earlier this month.

The case, Pollard v. EAB Transport Inc., was settled on Feb. 5 during jury selection at the time of trial. The actual amount of settlement was $1.99 million under the insurance limit.

Nicholas J. Leonardis of Stathis & Leonardis in Edison represented Pollard.

Emery Mishky of Margolis Edelstein in Berkeley Heights represented all three defendants.

According to counsel, the accident occurred on Oct. 27, 2015. Tracey Pollard, 49, of Willingboro in Burlington County, was a passenger in a car driven by her mother, Evelyn Pollard, 86. While stopped at Route 38 and Eayerstown Road in Lumberton Township, the vehicle was struck from behind by a construction dump truck—owned by EAB Transport Discovery of Union City, leased to Morales Transportation, also of Union City, and driven by Carlos Silva, an employee of EAB.

Pollard suffered multiple injuries from the collision, including disc herniations at C5-6 and C6-7. She underwent a two-level cervical fusion, and epidural injections to treat L3-4 and L4-5 disc bulging. Pollard developed a post-operative spinal fluid leak that required an eight-day hospital admission, the suit claimed.

A defense expert argued that Pollard's need for neck surgery was the result of a longstanding, preexisting, age-related degenerative condition.

The suit was venued in Union County based on the defendants doing business there.

"I can confirm the settlement," said Mishky in a phone call.

Of the $1.99 million sum, $1 million was paid by Praetorium Insurance Co., and the remainder by Hallmark Specialty Insurance Co., Leonardis said.

Trial was to proceed before Union County Superior Court Judge Alan Lesnewich.

The sum reached $2 million when including payment for property damage to the vehicle, according to Leonardis.

Tracey Pollard "did have some complications from the surgery. She was left with weakness and residuals," Leonardis said in a phone interview.

"From a defense standpoint, it would have been a difficult case for them. Liability was eventually stipulated at the time of the trial, and the victim was young," Leonardis said. "I think the defense appreciated the significant exposure to their clients at trial, which led them to tender the policies."

— Suzette Parmley

$1.3M for Arena Fall in Mercer

Scott v. Global Spectrum: A Mercer County jury awarded $1.3 million on Jan. 29 to a man who suffered a shoulder injury falling on an icy sidewalk at the CURE Insurance Arena in Trenton.

Terrence Scott was leaving a concert on Feb. 14, 2015, at the facility, which at the time was known as the Sun Bank Arena. He sustained a torn right rotator cuff, according to the suit.

Scott, of Willingboro, fell on a sidewalk about 20 feet away from the arena, the suit claimed. He required surgery with internal fixation.

Conditions were clear when he and his daughter arrived at the concert at 7 p.m., but they found blizzard-like conditions when they left at 11 p.m., said Alan Sklarsky of Williams Cedar in Haddonfield, who tried the case for the plaintiffs.

Global Spectrum is under contract with the Mercer County Improvement Authority to maintain the arena. The company was dismissed from the case on summary judgment, but the Appellate Division reinstated the claim against Global Spectrum in April 2019. Claims against the MCIA and the Mercer County Board of Chosen Freeholders were dismissed.

During a six-day trial before Judge Anthony Massi, Global Spectrum did not dispute that it had a duty to remove snow and ice from the property, but claimed it did not breach that duty, according to Sklarsky. Notwithstanding its contract with the MCIA, Global Spectrum argued that Mercer County had taken care of snow and ice removal under an informal arrangement, and the county sent five workers to clear the area on the night of Scott's accident. Sklarsky maintained that the size of the crew was insufficient.

The jury found Global Spectrum 100% liable, and awarded $1.25 million in compensatory damages to Scott and $50,000 in loss of consortium damages to his wife Suzanne. Because the verdict exceeded the $60,000 pretrial offer of judgment, the plaintiffs will seek an additional award of attorney fees and costs.

Sklarsky was assisted by his firm's David Cedar and Kevin Haverty.

Brian McNulty of Hueston McNulty in Florham Park, who represented Global Spectrum, did not respond to a request for comment about the verdict.

— Charles Toutant