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A Middlesex County jury awarded $5 million on March 10 to a boy, now 9, who suffered severe burns in a motor vehicle accident. The verdict, in N.P. v. Tristate Trucking, brings the total recovery in the case to $6.7 million after two other defendants settled before trial for $1.25 million and $450,000.

The boy, identified as N.P., who lives with his family in Neptune, was riding in the rear seat of a pickup truck on Route 896 in Glasgow, Delaware, on Aug. 19, 2016, when the vehicle was rear-ended by a tractor-trailer driven by Charles Bolton, an employee of Tristate Trucking of Baltimore. N.P.'s aunt and uncle were in the front seat of the pickup, which was waiting at a red light when Bolton failed to stop, causing the pickup truck to burst into flames. N.P. suffered second- and third-degree burns over 26% of his body and he underwent skin graft surgeries. He sustained burns to his back, buttocks and legs, said Norman Hobbie of Hobbie, Corrigan & DeCarlo in Eatontown, who represented N.P., along with Jacqueline DeCarlo of the same firm.

N.P. also suffers from post-traumatic stress disorder and sees a psychologist, according to Hobbie.

A traffic camera at the intersection recorded the accident. Bolton gave multiple reasons for failing to stop, claiming at different times that he blacked out, that the truck's brakes failed, and that another driver cut him off, Hobbie said.

The suit named as defendants Bolton, Tristate, and the company's principal, James Lighty. Also named as defendants were W.B. Mason of Brockton, Massachusetts, an office supply company whose goods were being transported in Bolton's truck, and A. Duie Pyle Inc. of West Chester, Pennsylvania, which booked Tristate to transport Mason's cargo.

The defendants stipulated to liability, causation and permanency. On Feb. 15 W.B. Mason agreed to pay $450,000, and A. Duie Pyle agreed to pay $1.25 million, after mediation with Kenneth Grispin of Javerbaum, Wurgaft, Hicks, Kahn, Wikstrom & Sinins in Springfield, a former Superior Court judge.

The $5 million verdict was entered jointly against Bolton, Tristate and Lighty after a three-day trial before Middlesex County Superior Court Judge Lisa Vignuolo.

During trial, there was expert testimony from a psychiatrist about N.P.'s emotional trauma, but the defense did not cross-examine the expert, Hobbie said.

It's unclear how much will be collected from the defendants because Tristate has only $740,000 in insurance coverage, although a separate insurance coverage action involving the trailer portion of Tristate's truck is still pending, Hobbie noted.

Bolton was represented at trial by Sean Hart of Kent McBride in Cherry Hill. Tristate and Lighty were represented by Peter Rossi of Cipriani & Werner in Woodbridge. W.B. Mason was represented by Michael Lynch of the Law Offices of Linda S. Bauman in East Windsor. A. Duie Pyle was represented by Robert Gunning of Morrison Mahoney in Parsippany. They did not respond to calls about the case.

— Charles Toutant

$640K for Apartment Fall in Essex

Mendoza v. Mt. Prospect Holdings Inc.: A women who sustained a fractured ankle in a fall in the hallway of her Newark apartment building settled her Essex County suit on Jan. 20 for $640,000.

According to counsel, on Dec. 10, 2015, plaintiff Jacquelyn Mendoza, 26, a bank teller, slipped and fell in the hallway of her apartment building in Newark. She suffered an ankle fracture. Mendoza sued the property's owner, Mt. Prospect Holdings Inc, and its related entities, 445-449 Mt. Prospect Holding Inc., FD Realty Group and FDG Management.

Mendoza alleged that Mt. Prospect was negligent for allowing a dangerous condition to exist. Mendoza claimed that she exited her apartment and began walking in the hallway, when her foot slipped on a loose tile, causing her to fall. She claimed Mt. Prospect failed to properly secure the tile flooring to the subfloor and failed to perform periodic inspections of the floor.

The defense maintained that Mt. Prospect had no notice of any loose tiling. The defense contended that Mendoza was negligent, since she was familiar with the flooring and had walked over the floor countless times.

Mendoza sustained a comminuted fracture of her right tibia and a right bimalleolar fracture. She underwent open reduction and internal fixation in which plates and screws were implanted. During physical therapy, an abscess and infection at the surgery site required antibiotic treatment. Mendoza underwent a second surgery to remove some of the hardware. In 2019 she was diagnosed with post-traumatic arthritis in her right ankle. Mendoza claimed that her loss of range of motion in her right ankle resulted in a club foot, which disrupted her gait and left her unable to walk long distances or climb stairs.

She claimed she can no longer exercise or perform other activities. She also contended that she has difficulty caring for her five children. She had a medical lien of $49,919 and lost wages of about $15,000, the suit alleged.

The defense contended that Mendoza made a good recovery, has no tenderness and is able to return to her pre-accident condition with no residual disability.

In the Jan. 20 settlement, Mt. Prospect's insurer, AmTrust Financial Services Inc., agreed to pay $640,000, from a policy that provided $1 million of coverage.

Michael J. Hanus of Hanus & Parsons in Middletown represented Mendoza. Denise M. Bush of Hannum Feretic Prendergast & Merlino in New York represented Mt. Prospect.

*Editor's Comment: This report is based on information that was provided by plaintiff's counsel. Defense counsel did not respond to the reporter's phone calls.

— Adapted from VerdictSearch, reported by Aaron Jenkins