A Middlesex County judge on March 19 approved a $931,000 settlement in Scala v. TMS Logistics Inc., a suit filed by the family of a man who was killed when his vehicle was struck from behind by a truck.

According to counsel and electronic court documents, on April 23, 2018, John Scala was driving eastbound on U.S. 46 in Little Falls, slowing for traffic, when a truck owned by TMS Logistics Inc. of Wallington and driven by employee Shadi Makanast struck him from behind, crushing his vehicle between the truck and the vehicle in front of him. Scala, 48, died at the scene, said the family's lawyer, Barry D. Epstein of the Epstein Law Firm in Rochelle Park.

Epstein said the defendants didn't dispute liability, and said the accident was attributable to the truck driver's inattention.

The matter was venued in Middlesex County based on Scala's residence in that county, according to Epstein.

The settlement was reached on Feb. 20, toward the end of discovery but before scheduled mediation, and approved in a March 19 order signed by Middlesex County Superior Court Judge Thomas McCloskey. The settlement pays $571,476 to the family—Scala's wife and two children—$301,960 to plaintiffs counsel, and $57,389 to satisfy a worker's compensation lien, according to the order.

The $931,000 sum included $10,000 paid directly by TMS Logistics, Epstein noted.

Cara Manz of Barry McTiernan & Moore in Edison, representing the defendants, couldn't be reached by phone or email.

— David Gialanella

$650K Morris Med Mal Verdict

Haney II v. Lofaro, M.D.: A Morris County jury awarded $650,000 on March 11 to a man who claimed he suffered damage to his heart after an emergency room physician failed to diagnose that he was suffering a heart attack. But the plaintiff will recover only $97,500 of that amount because liability was apportioned to a doctor who reached a confidential settlement before trial.

James Haney II was suffering pain in his chest and left arm when he reported to the emergency room at St. Clare's Hospital in Denville on Oct. 7, 2016. Emergency room doctor Joseph Lofaro discharged him with instructions to follow up with his primary care physician, according to his lawyer, Daniel Devinney of Snyder Sarno D'Aniello Maceri & da Costa in Roseland.

Later that day, Haney was seen by his primary care doctor, Richard Schweitzer, who reviewed the emergency room records and diagnosed him with chest pain of unspecified origin. The next morning Lofaro returned to the emergency room, where he was found to be experiencing a heart attack. He required stents and had a defibrillator implanted. The damage to his heart left him with decreased exercise tolerance, shortness of breath, and a reduced life expectancy, Devinney said.

Haney sued Lofaro and Schweitzer. Schweitzer settled before trial for a confidential amount. Haney claimed Lofaro was negligent for failing to obtain a cardiology consultation in the emergency room, or to admit him to the hospital and perform cardiac tests. The suit also claimed that Lofaro said Haney's complaints were not caused by a heart condition.

Hospital records state that Lofaro offered to admit Haney but he expressed a preference to follow up with his primary care doctor, according to Devinney. Haney, for his part, disputed that assertion and said Lofaro told him the complaints that brought him to the emergency room were not caused by a cardiac condition, according to Devinney. In addition, Haney maintained that he was not asked to sign an "against medical advice" form before leaving.

Following a two-week trial before Judge Peter Bogaard in Morris County Superior Court, the jury issued a verdict of $650,000 and attributed 15% of the fault to Lofaro and 85% to Schweitzer.

Justin Johnson and Ryan Gannon of Marshall, Dennehey, Warner, Coleman & Goggin in Roseland represented LoFaro. Lauren O'Neill of McNeill, O'Neill & Riveles in Cedar Knolls represented Schweitzer. They did not respond to calls about the case.

— Charles Toutant